Genovese v Valuer General of NSW [2024] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: Genovese v Valuer General of NSW [2024] NSWLEC 1198 Hearing dates: Conciliation Conference on 8 March 2024 Date of orders: 18 April 2024 Decision date: 18 April 2024 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is upheld. (2) The land value of the land legally described as Lots 1, 2, 3, 4, 5 and 6 in Community/Strata Plan 89354 and NSW Maritime lease 30003283, known as 86 St George Crescent, Drummoyne NSW 2047 is amended to $10,200,000 for the 2022 valuing year, 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, 29, 35, 35C, 37, 38, 39, 40 Canada Bay Local Environmental Plan 2013 Category: Principal judgment Parties: Rose Genovese (1st Applicant) Rinaldo Genovese (2nd Applicant) Valuer General (Respondent) Representation: Counsel: Daniel Hanna (Applicant) Laura Johnston (Respondent)

Solicitors: Crown Solicitor of NSW (Respondent) File Number(s): 2023/353427 Publication restriction: No

Judgment 1. COMMISSIONER: The applicant appeals the Valuer General's Determination dated 8 September 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 Lots 1, 2, 3, 4, 5 and 6 in Community/Strata Plan 89354 and NSW Maritime lease 30003283 and known as 86 St George Crescent, Drummoyne NSW 2047 (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 8 September 2023 in respect of the objection by the Applicant to the valuation of the land value of the land as of 1 July 2022.