Mitchell v Valuer General of NSW [2024] NSWLEC 1150

Land and Environment Court New South Wales

Medium Neutral Citation: Mitchell v Valuer General of NSW [2024] NSWLEC 1150 Hearing dates: Conciliation Conferences on 26 February 2024 and 15 March 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is upheld. (2) The land value of 454A Burraneer Road, Coomba Park NSW 2428 (identified as Lot 5812 in Deposited Plan 1242544) is amended to $1,250,000 for the valuing year 1 July 2022, 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 Valuation of Land Act 1916 ss 6A, 14, 35B, 35C, 37, 38, 39, 40 Great Lakes Local Environmental Plan 2014 Category: Principal judgment Parties: Claire-Louise Mitchell (Applicant) Valuer General (Respondent) Representation: Counsel: J Mitchell (Applicant) A Pearman (Respondent)

Solicitors: Mitchell Business & Technology Lawyers Pty Ltd (Applicant) Crown Solicitor of NSW (Respondent) File Number(s): 2023/355181 Publication restriction: No

Judgment 1. COMMISSIONER: The applicant appeals the Valuer General's Determination dated 25 October 2023 pursuant to s 37(1) of the Valuation of Land Act 1916 (Valuation Act) in respect of the valuation of the land value of the property legally described as Lot 5812 in Deposited Plan 1242544 and known as 454A Burraneer Road, Coomba Park NSW 2428 (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 25 October 2023 in respect of the objection by the Applicant to the valuation of the land value of the land as of 1 July 2022.