Hawke St Huskisson Pty Ltd v Valuer General of NSW [2024] NSWLEC 1285

Land and Environment Court New South Wales

Medium Neutral Citation: Hawke St Huskisson Pty Ltd v Valuer General of NSW [2024] NSWLEC 1285 Hearing dates: Conciliation Conference on 20 May 2024 Date of orders: 03 June 2024 Decision date: 03 June 2024 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is upheld. (2) The land value for Lots 7 and 8 in DP 758530, known as 17 Hawke St, Huskisson NSW 2540, as at 1 July 2022, is $1,600,000 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, 35B, 35C, 37, 38, 39, 40 Shoalhaven Local Environmental Plan 2014 Category: Principal judgment Parties: Hawke St Huskisson Pty Ltd (Applicant) Valuer General of New South Wales (Respondent) Representation: Counsel: T Valentinetti (Applicant) M Carpenter (Respondent)

Solicitors: PDC Law (Applicant) Crown Solicitor of NSW (Respondent) File Number(s): 2024/38547 Publication restriction: Nil

Judgment 1. COMMISSIONER: The applicant appeals the Valuer General's Determination dated 22 December 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 7 and 8 in Deposited Plan 758530 and known as 17 Hawke Street Huskisson NSW 2540 (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 22 December 2023 in respect of the objection by the Applicant to the valuation of the land value of the land as of 1 July 2022.