SALE OF LAND

Evening Post, Volume CXXIV, Issue 57, 4 September 1937, Page 15

SALE OF LAND

IMPORTANT DECISION

(By Telegraph—Press Association.)

AUCKLAND, September. 3,

A point of much importance to property owners whs take exception to the official valuation placed upon their properties, was decided by Mr. Justice Ostler in a verbal judgment in the Supreme Court. The brief point at issue was whether an owner, having once placed his own alternative valuation upon the property, can thereafter withdraw it from sale by the ValuerGeneral. His Honour decided that he can not.

The action arose over a section of land in New Lynn which was valued by art Assessment Court at £740. The owner, Alexander Shaw, New Lynn, brick worker, objected to this valuation, and fixed his own figure at £635. He gave notice to the Valuer-General in accordance with section 4 of the Valuation of Land Act Amendment Act, 1933, that either the valuation should bo reduced to that figure, or that the Government should buy at that figure or sell it to someone at that figure. When the Valuer-General proceeded to make the sale, the owner recalled his request that the property bo sold, and said he- would accept the original valuation. Hie Valuer-General insisted on going on with the sale and sold the property to Lester Cyril Paget, draper, New Lynn, for £640.

The question for determination was whether the Valuer-General "had any power to sell after Shaw had revoked his request

His Honour said that he was satisfied the Valuer-General was entitled to sell, notwithstanding Shaw's purported revocation of authority. The,effect of [ the notice given by Shaw was to create ■a statutory contract between the Valuer-General and the owner whereby the Valuer-General could sell as a servant of the Crown. He accordingly made an order that possession be given 16 the purchaser within one month and that the transaction be completed. Costs were allowed to both the defendants, the Valuer-General and Fagot