POWER TO SELL UPHELD

Hawke's Bay Herald-Tribune, Issue 196, 4 September 1937, Page 8

POWER TO SELL UPHELD

-Preso Association.)

Valuer-General's Action IMPORTANT COURT DECISION

( By Telegraph -

AUCKLAND, Last Night. A point of much importance to propcrty owners who take exception to the official valuation placed upon their properties, was decided by Mr. Justice Ostler in a verbal judgment in tho Supreme Court. In brief, tho point at issue was whether an owner, having once placed his own alternative valuation upon a property, can thereafter withdraw it from sale by the valuer-general. His Honour decided that he cannot. The action arose over a section oi land in New Lynn which was valued by the Assessment Court at £740. The owner, Alexander Shaw, of New Lynn, briek worker, objected to this valuation and fixed his own figure at £635. He gave notice to the valucr-general in accordance with section 4 of the Valuation of Land Amendment Act 1933, that either the valuation should be roduced to that figure or that the Government should buy at that figure or sell it to someone at that £gure. Vnen the valuer-general proeeedcd to make a sale, the owner recalled his request that the property be sold and said he would accept the original valuation. The valuer-general insisted on going on witn tho sale and sold the property to Lester Cyril Paget, draper, of New Lynn, for £640. ' ' The question for determination was whether the. valuer general had any power to soil after Shaw had revoked his request. His Honour said that he was satisfied the vjiluer general was entitled to sell, notwithstanding Shaw's purported revocation of authority. The effect'- of the nbtice given by Shaw was to create a statutory contract between the valuer general and the owner wherebv the -valuer general could sell as servant of Ihe Crown, He accordingly made an order that possession be given ^to the purchaser within one month and rthe transaction be completed.