Newman v Valuer General [2004] NSWLEC 474

Land and Environment Court of New South Wales

CITATION : Newman v Valuer General [2004] NSWLEC 474 APPLICANT Philip Moreton Newman PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30459 of 2004 CORAM: Hussey C Appeal :- against the land value of 9 Denison Street KEY ISSUES: Manly

LEGISLATION CITED: Valuation of Land Act 1916 CASES CITED: DATES OF HEARING: 24/08/04 EX TEMPORE 08/24/2004 JUDGMENT DATE :

APPLICANT No appearance

LEGAL REPRESENTATIVES: RESPONDENT Ms T Jowett, barrister Ms A Gray, solicitor Crown Solicitor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 August 2004

30459 of 2004 Paul Moreton Newman –v- Valuer General The following decision and orders were handed down extempore on 24 August 2004. Some minor alterations and additions have been made in the interests of clarity and completeness.

JUDGMENT

1 This appeal is against the disallowance of an objection that the land value of $302,000.00 at 9 Denison Street, Manly is too high. 2 The appeal was listed for hearing today, 24 August 2004 and commenced with a view. However there was no appearance by the applicant. Notwithstanding this, the subject property was inspected with the agreement of the tenant Ms Shakespeare. But she was unable to provide any further assistance. 3 However, a detailed valuation report was presented in exhibit 1, by Mr Mark Bishenden, registered Valuer No. 3771 and this was considered. The report was prepared in accordance with the provisions of s 6A(1) of the Valuation of Land Act as shown in Annexure 1.0. This report analysed three other comparable sales being No. 15, No. 17 and No. 20 Denison Street, Manly. These properties were also inspected. 4 Agreement was granted for the matter to be completed by way of an On-site hearing (OSH) taking into consideration the non-attendance of Mr Newman. However, detailed correspondence submitted by Mr Newman was considered i.e. Exhibit 3 the Applicant's Bundle of documents. These objections seem to fall into two main categories: i) That the method of valuation should take into account the rent on a property in terms of, capitalisation values, and