ISPT Pty Limited v Valuer General (No 2) [2006] NSWLEC 660

Land and Environment Court of New South Wales

CITATION : ISPT Pty Limited v Valuer General (No 2) [2006] NSWLEC 660

APPLICANT PARTIES : ISPT Pty Limited RESPONDENT Valuer General

FILE NUMBER(S) : 30043 of 2005; 30815 of 2005

CORAM: Pain J

KEY ISSUES: Costs :- Valuation appeal - valuation too high - costs claimed by successful Applicant - whether the conduct of the Respondent was unreasonable - mixed question of fact and law -

Land and Environment Court Act 1979 s69 LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 16 r 4 Valuation of Land Act 1916

CASES CITED: AMP Henderson Global Investors Limited AND Others v Valuer General; AMP Henderson Global Investors Limited v Valuer General (No. 2) [2004] NSWLEC 344; Grant v Kiama Municipal Council [2006] NSWLEC 70

DATES OF HEARING: 19/10/2006

DATE OF JUDGMENT: 10/20/2006

APPLICANT D Miller (Barrister) SOLICITOR LEGAL REPRESENTATIVES: Gadens Lawyers RESPONDENT A Pickles (Barrister) SOLICITOR Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

20 October 2006

30043 of 2005, 30815 of 2005 ISPT Pty Limited v Valuer- General (No 2)

JUDGMENT 1 Her Honour: I handed down judgment in these two matters on 7 August 2006 and found for the Applicant in relation to the appropriate valuation of its land for rating purposes for the 2003 and 2004 base date years.