Court of Appeal, on appeal from the decision of the High Court, and on appeal by way of case stated from the decision of the Valuation Tribunal, in proceedings concerning the correct approach to the valuation of the door and cloakroom receipts of a night club, finds that the Appellant failed to establish any error on the part of the trial judge in concluding that the tribunal decision failed to give adequate reasons.
Case stated - Net Annual Value (NAV) - appeal from decision of High Court - which dealt with this by way of case stated from Valuation Tribunal - case stated raises questions concerning approach should be taken to establishing the NAV - for purposes of rating hotel - and with reference to door and cloakroom receipts - focus of High Court related to whether Tribunal provided adequate reasons for its decision - Section 48 of the 2001 Act - basis upon which the NAV of a relevant property is to be determined - Tribunal decision concerned the correct approach to the valuation of the door and cloakroom receipts - valuation certificate - upheld - valuation of €1,750,000.00 - appellant argued NAV excessive and should be €620,000 - setting out of Tribunal Decision - setting out of subsequent case stated - High Court identified that appeal was essentially on basis of inadequate reasons were given for the Tribunal Decision - consideration to what extent it is permissible for court to have regard to content of Case Stated to ascertain the reasons for the Tribunal decision - standing on its own two feet - curial deference - court satisfied appellant has failed to establish error on part of trial judge - trial judge correctly concluded that the Tribunal Decision failed to give adequate reasons - case remitted to the Tribunal for a fresh de novo hearing of Breanagh’s appeal from the Commissioner by a different panel.