Port Marina Pty Ltd v Valuer General [2004] NSWLEC 338

Land and Environment Court of New South Wales

CITATION : Port Marina Pty Ltd v Valuer General [2004] NSWLEC 338 APPLICANT Port Marina Pty Ltd PARTIES : RESPONDENT Valuer General FILE NUMBER(S) : 31526 of 2003 CORAM: Moore C KEY ISSUES: Valuation of Land :- LEGISLATION CITED: Valuation of Land Act 1916 CASES CITED: DATES OF HEARING: 21, 22 and 23 April 2004 EX TEMPORE 04/23/2004 JUDGMENT DATE :

APPLICANT Mr J Maston, barrister INSTRUCTED BY Stevens Legal

LEGAL REPRESENTATIVES: RESPONDENT Mr A Pickles INSTRUCTED BY I V Knight Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

23 April 2204

31526 of 2003 Port Marina Pty Ltd v Valuer General

JUDGMENT

1 COMMISSIONER: The first decision I propose to give is in matter 31526 of 2003 which relates to the "wet area" as it has been described. It is an appeal against the valuation as at the base date of 1 July 2002 concerning permissive occupancy 1979/4 in the Port Macquarie Land District. It covers an area of 8,837 sq m of an inlet which has been artificially created on the banks of the Hastings River.

2 Pursuant to the principles relating to valuation under s 6A of the Valuation of Land Act 1916, the expert valuers have agreed that the highest and best use for the land is that of a marina. The valuation which is appealed against is a valuation of $337,000 being approximately $40 per sq m.