Earl v Valuer General [2005] NSWLEC 532

Land and Environment Court of New South Wales

CITATION : Earl v Valuer General [2005] NSWLEC 532

APPLICATION Peter John Earl

PARTIES : RESPONDENT Valuer General of NSW

FILE NUMBER(S) : 30836 of 2003

CORAM: Murrell C

KEY ISSUES: Valuation of Land :- Rural property - comparative sale

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 22/09/04, 15/10/04, 15/11/04, 23/05/05

DATE OF JUDGMENT: 10/07/2005

APPLICANT Mr F. Santisi, barrister instructed by Mr Palany of Palany and Partners

LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Whyte, barrister instructed by Mr G. Demetriou, solicitor for Crown Solcitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

7 October 2005

30836 of 2003 Peter John Earl v Valuer-General

JUDGMENT

1 This judgment is for an appeal under s 37 of the Valuation of Land Act 1916 (the Act) in respect of the property known as 2414 Thunderbolts Way, Gloucester. The land is Lot 1 DP 528571 and Lot 64 DP 778073 Parish of Crosbie, County of Gloucester. The owner of the subject land, Mr Earl is contesting the land value should be $680,000 not $761,000 as at the base date 1 July 2002.

2 The subject land has an area of 723.8 ha and is located approximately 25 km north of the town of Gloucester and can be accessed via a tar sealed road to the boundary. Access to the property from this road, Thunderbolts Way, is via a gravel road and a concrete causeway on the subject property over the Manning River. The property has about 3 km of frontage to the Manning River and improvements to the property include a modest farm cottage, a large farm shed, and other sheds. The topography of the land varies from flat alluvial land near the river to steep mountainous timber ridges.