Simou v Valuer-General [2004] NSWLEC 740

Land and Environment Court of New South Wales

CITATION : Simou v Valuer-General [2004] NSWLEC 740 APPLICANT Cyriacos Simou PARTIES : RESPONDENT Valuer-General FILE NUMBER(S) : 30943 of 2004 CORAM: Nott C KEY ISSUES: Valuation of Land :- Not appropriate to determine the "land value" by reference to average land values in the local government area - scarcity premium - no discernible difference between land value deduced from improved land sales as distinct from vacant land sales LEGISLATION CITED: Valuation of Land Act 1916 CASES CITED: DATES OF HEARING: 03/11/2004 EX TEMPORE 11/03/2004 JUDGMENT DATE :

APPLICANT Cyriacos Simou, in person

RESPONDENT LEGAL REPRESENTATIVES: Ms T Jowett, barrister SOLICITOR Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

3 November 2004

30943 of 2004 Cyriacos Simou v Valuer-General

JUDGMENT 1 This is an appeal under the Valuation of Land Act 1916 in respect of the land value of the property at 140 The Boulevarde, Dulwich Hill, as at the base date 1 July 2003. The relevant date of valuation was 27 October 2003.

2 The Valuer-General determined the land value as at the base date to be $370,000. The applicant has appealed against that value claiming it is too high. The basis upon which he claims that it is too high is that statistics supplied to the Sydney Morning Herald indicate that for various local government areas there were certain average land values provided.