Sapphire Suite Pty Ltd v Valuer General of NSW [2023] NSWLEC 1331

Land and Environment Court New South Wales

Medium Neutral Citation: Sapphire Suite Pty Ltd v Valuer General of NSW [2023] NSWLEC 1331 Hearing dates: Conciliation Conference on 13 June 2023 Date of orders: 30 June 2023 Decision date: 30 June 2023 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is dismissed. (2) The land value of the property legally described as Lot 1 in Deposited Plan 102650, known as 70-70A Darlinghurst Road, Potts Point NSW 2011 is confirmed as $3,990,000 for the Valuing Year 1 July 2021, in accordance with s 6A of the Valuation of Land Act 1916. Catchwords: VALUATION APPEAL – land valuer – conciliation conference – agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979, ss 19, 34 Land and Environment Court Rules 2007 r 3.7 Sydney Local Environmental Plan 2012 Valuation of Land Act 1916 ss 6A, 29, 34, 37, 38, 40 Category: Principal judgment Parties: Sapphire Suite Pty Ltd (Applicant) Valuer General (Respondent) Representation: Counsel: A Stewart (Solicitor) (Applicant) C Winnett (Respondent)

Solicitors: Stewart Law (Applicant) Crown Solicitor for NSW (Respondent) File Number(s): 2022/313647 Publication restriction: No

Judgment 1. COMMISSIONER: The Applicant appeals the Valuer General's Determinations dated 16 May 2022 pursuant to s 37(1) of the Valuation of Land Act 1916 (NSW) (Valuation Act) in respect of the valuation of the land value of the property legally described as Lot 1 in Deposited Plan 102650, known as 70-70A Darlinghurst Road, Potts Point NSW 2011 (the Land): 1. The proceedings fall within Class 3 of the Court's jurisdiction pursuant to s 19(b) of the Land and Environment Court Act 1979 (LEC Act). 2. The statutory power or function to be exercised in determining the proceedings are s 34(3)(a) of the LEC Act and s 40(1)(b) of the Valuation Act. 3. The Applicant appeals the Determination of the Valuer General made on 16 May 2022 in respect of the objection by the Applicant to the valuation of the land as of 1 July 2021. 1. The Land is located on the south-eastern side of Darlinghurst Road, approximately 25 metres northeast of the traffic light intersection with Bayswater Road, within the suburb of Potts Point and the local government area of City of Sydney.