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Admitted error in description of car park was material to Valuation Tribunal’s decision
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Court of Appeal dismisses appeal and upholds decision of the High Court, in a case stated from the Valuation Tribunal, that the tribunal erred in law on two questions, on the grounds that: (a) the admitted error in relation to the tribunal’s description of another car park was material to its decision; and (b) the tribunal, in referring to the emerging tone of the list, was erroneously referring and attaching significant weight to the valuation of properties that were under appeal.
Murray J (nem diss): Appeal of a decision of the High Court in a case stated from the Valuation Tribunal - s. 39 of the Valuation Act 2001 - valuation in relation to a car park in Dublin - the rateable valuation by the Valuation Tribunal was determined to be €1,045,000.00 - whether an error of material fact such as to justify the intervention of the Court is presented by an incorrect statement in the decision to the effect that the car park had contract parking - that the Tribunal recorded in its decision an error of fact in relation to Arnott’s car park was not in dispute - whether the Tribunal erred in law in identifying two nearby car parks as establishing the emerging tone of the listing circumstances where the valuation in respect of each such car park was under appeal - the legal principles governing the jurisdiction of the High Court in an appeal on a point of law - curial deference to administrative tribunals - appeal dismissed - questions to be answered as proposed by the High Court.
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