By Craig Nicol and Keleigh Robinson -
Key decisions
- O’Cleary & Vukasin [2025] FedCFamC1A 56
- Filip & Filip [2025] FedCFamC1F 35
- Lloyd & Compton [2025] FedCFamC1F 28
- Re: Devin [2025] FedCFamC1F 211
PROPERTY
Business valuation – no error in changing one element of valuation without changing others – Jones v Dunkel inference inapplicable as there was no evidence from which an inference could be drawn
In O’Cleary & Vukasin [2025] FedCFamC1A 56 (3 April 2025), the Full Court (Aldridge, Howard and Christie JJ) heard an appeal from a decision of Campton J in relation to the valuation of a business.
At first instance, Campton J found the business was worth $33,833,373 whereas the appellant said it was worth $39,433,373. The Court found that, while the business was likely to renew its lease in 2025 at a higher rent, there was no evidence the increased rental cost would be passed on to customers (at [1]).