Foreman v Valuer General of NSW [2024] NSWLEC 1349

Land and Environment Court New South Wales

Medium Neutral Citation: Foreman v Valuer General of NSW [2024] NSWLEC 1349 Hearing dates: Conciliation Conference on 22 May 2024 Date of orders: 25 June 2024 Decision date: 25 June 2024 Jurisdiction: Class 3 Before: Davidson AC Decision: The Court orders: (1) The appeal is upheld. (2) The land value of 33 Nimala Avenue, Koolewong NSW 2256 (identified as Lot 99 in Deposited Plan 14946) as at the valuing year 1 July 2022 is amended to $430,000 in accordance with s 6A of the Valuation 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, Pt 4, ss 6A, 29, 35, 35B, 35C, 37, 38, 39, 40 Central Coast Local Environment Plan 2022 Category: Principal judgment Parties: David Foreman (Applicant) Valuer General of New South Wales (Respondent) Representation: Counsel: D Foreman (Self represented) R White (Respondent)

Solicitors: Crown Solicitor of NSW (Respondent) File Number(s): 2024/31749 Publication restriction: Nil

Judgment 1. COMMISSIONER: The applicant appeals the Valuer General's Determination dated 15 November 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 99 in Deposited Plan 14946 and known as 33 Nimala Avenue Koolewong NSW 2256 (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 15 November 2023 in respect of the objection by the Applicant to the valuation of the land as of 1 July 2022.