Ulster Bank v The Ministry of Finance (N.I.)
| Jurisdiction | Northern Ireland |
| Judgment Date | 12 June 1923 |
| Date | 12 June 1923 |
| Court | Court of Appeal (Northern Ireland) |
Appeal. (N.I.)
Rates - Assessment - Evidence of value - 15 & 16 Vict. c. 63, sect. 22 -Rateable value of similar hereditaments in neighbourhood - Admissibility.
Appeal from Divisional Court on a case stated by the County Court Judge of Tyrone. The Ulster Bank, Limited, appealed against a valuation of £70 made under 15 & 16 Vict. c. 63, sect. 22, upon certain bank premises owned by the appellants, and situate in the Square, Stewartstown, Co. Tyrone.
The premises had been purchased by the appellants in the year 1919 for the sum of £800 from the representatives of the late Dr. Harris. The valuation of the premises was then £28, and they had been let at a rent of £24 per annum, the landlord paying taxes and being responsible for repair. On the appellants taking possession, they proceeded to take down and reconstruct the premises, which was done at an outlay of £8,639. The reconstructed premises were not so large as the buildings they replaced, but they had been rendered in every way suitable for carrying on the business of a bank. A valuation of £106 was first put upon the reconstructed premises by the respondents, but this was subsequently reduced to £70, from which assessment the present appeal was brought. Stewartstown possesses 700 inhabitants, and has two bank agencies, as well as one permanent bank, but is a town of much less importance than its neighbouring town, Cookstown, which is really the market town for the whole district. There is, however, a small market held in Stewartstown once a week. The letting value of houses in Stewartstown is considerably less than that of houses in Cookstown.
Mr. Robert Newton, J.P., an experienced estate agent, examined for the appellants, estimated the letting value of the reconstructed premises at £40 a year; they would, in his opinion, let at that figure to a doctor, a civil servant, or some such tenant. It was suggested to him in cross-examination that some other bank would be willing to give £70 a year for them, if available in their present condition of suitability for banking business. His reply was that he did not know the letting value of the premises to another bank.
Evidence was tendered by the appellants of the existing valuations of other premises alleged to be similar in the neighbourhood and district, viz., the following premises:—In Stewartstown, Patrick Corr's premises, known as "The Railway Hotel";Joseph Quinn's licensed premises, the old Ulster Bank premises, Charles S. Dudgeon's shop, dwelling-house, and premises, with 2a. 1r. 3p. of land attached; H. S. Burrow's premises, known as"The Imperial Hotel"; H. S. Burrow's other licensed premises in West Street, and the Presbyterian manse; and of the following bank premises in Cookstown, Co. Tyrone (population, 4,000):— The Ulster Bank, Bank of Ireland, Belfast Bank, and Hibernian Bank.
This evidence was objected to on behalf of the respondents; and the County Court Judge was referred to the cases of Commissioner of Valuation v. Galvin(1), decided on 5th June, 1899, and...
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