C & V Engineering Co Pty Ltd as Trustee for the Pizzolato Settlement v Department of Planning Industry and Environment - Valuer General of NSW; CV Property Holdings Pty Ltd as Trustee for the Mascot Property Trust v Department of Planning Industry and Environment - Valuer General of NSW [2024] NSWLEC 57

Land and Environment Court New South Wales

Medium Neutral Citation: C & V Engineering Co Pty Ltd as Trustee for the Pizzolato Settlement v Department of Planning Industry and Environment - Valuer General of NSW; CV Property Holdings Pty Ltd as Trustee for the Mascot Property Trust v Department of Planning Industry and Environment - Valuer General of NSW [2024] NSWLEC 57 Hearing dates: 4, 5, 6, 7 March 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Class 3 Before: Pain J Decision: See below in [171]-[172]. Catchwords: APPEAL – land valuation appeal – whether land value of small lot in Mascot too high – whether highest and best use of land boarding house or mixed use – proximity to Mascot Towers affected selection of highest and best use APPEAL – land valuation appeal – whether land value of lot in Mascot too high – whether highest and best use of land boarding house or mixed use – impact of Mascot Towers on development of property Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 7.11 Valuation of Land Act 1916 (NSW), ss 6A, 37, 40 Cases Cited: Alexandria Landfill Pty Ltd v Roads and Maritime Services; Boiling Pty Ltd v Roads and Maritime Services (No 6) [2019] NSWLEC 98 Capuano v Roads and Maritime Services [2018] NSWLEC 59 Commonwealth Custodial Services Ltd as Trustee for the Burwood Trust Fund; Trust Company of Australia Ltd v Valuer-General (2006) 148 LGERA 38; [2006] NSWLEC 400 Kenny and Good Pty Ltd v MGICA (1992) Ltd (1999) 199 CLR 413; [1999] HCA 25 Limina Holdings Pty Ltd v Valuer General of New South Wales [2019] NSWLEC 110 Olefines Pty Ltd v Valuer-General of New South Wales (2018) 228 LGERA 407; [2018] NSWLEC 18 Royal Sydney Golf Club v Federal Commissioner of Taxation (1955) 91 CLR 610 Spencer v The Commonwealth of Australia (1906) 5 CLR 418; [1907] HCA 82 Tenstat v Valuer-General; Woolworths Ltd v Valuer-General [2012] NSWLEC 1361 Warwick Farm Central Pty Ltd v Valuer-General [2024] NSWLEC 25 Texts Cited: Maxted, Rawlinsons Australian Construction Handbook (37th ed, 2019) Category: Principal judgment Parties: C & V Engineering Co Pty Ltd as Trustee for the Pizzolato Settlement (Applicant, 2021/175742) CV Property Holdings Pty Ltd as Trustee for the Mascot Property Trust (Applicant, 2021/175754) Department of Planning Industry and Environment – Valuer General of NSW (Respondent) Representation: Counsel: M Astill (Applicants) A Pearman (Respondent)