NSW Caselaw
Land and Environment Court of New South Wales
CITATION : New South Wales Cremation Company Pty Limited v Valuer General & Anor [2006] NSWLEC 393
APPLICANT: New South Wales Cremation Company Pty Limited ACN 000 012 331
PARTIES : FIRST RESPONDENT: Valuer General
SECOND RESPONDENT: Joint Committee of Necropolis Trustees
FILE NUMBER(S) : 30738 of 2005
CORAM: Lloyd J
KEY ISSUES: Valuation of Land :- unimproved value – Rookwood crematorium site – restricted usage of land – comparable sales method – lack of comparable sales – comparison to industrial land inappropriate – adjustment for time
LEGISLATION CITED: Rookwood Necropolis Act 1901 ss 6A, 8B, 8D, Schedule 3 cll 2(1), 5
Ashfield Municipal Council v Roads and Traffic Authority of New South Wales (2001) 117 LGERA 203; CASES CITED: Hornsby Shire Council v Roads and Traffic Authority of New South Wales (1998) 100 LGERA 105; Leichhardt Council v Roads and Traffic Authority of New South Wales [2005] NSWLEC 86
DATES OF HEARING: 22/05/2006 and 23/05/2006
DATE OF JUDGMENT: 07/06/2006
APPLICANT: A E Galasso (barrister) SOLICITORS: Deacons
FIRST RESPONDENT: J B Maston (barrister) LEGAL REPRESENTATIVES: SOLICITOR: I V Knight Crown Solicitor
SECOND RESPONDENT: G B Newport (barrister) SOLICITORS: Houston Dearn O'Connor
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