Noorbergen v VG [2006] NSWLEC 555

Land and Environment Court of New South Wales

CITATION : Noorbergen v VG [2006] NSWLEC 555

APPLICANT Marcus Noorbergen PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30890 of 2005

CORAM: Murrell C

KEY ISSUES: Valuation of Land :-

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 21/02/2006

EX TEMPORE JUDGMENT DATE : 02/21/2006

APPLICANT Mr M. Noonbergen, Litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms A. Pearman, barrister Crown Solicitors Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

21 February 2006

30890 of 2005 Marcus Noorbergen v Valuer General

JUDGMENT 1 This is an appeal under s 37 of the Valuation of Land Act 1916 in respect of the property known as No. 126 Lake Road, Balcolyn. The subject site is within close proximity, although not visible from the subject site, of the Lake Macquarie waterway. The subject property is within the Lake Macquarie Local Government area. It has a size of 9,537 sq m. The valuation base date is 1 July 2004 and at that time the Valuer-General ascribed a value of $430,000.

2 Evidence was given to the Court on behalf of the Valuer-General's Department of Lands by Mr Kevin Bayliss, a registered valuer, with the company that does the valuations for the Lake Macquarie area for the Lands Department.

3 Mr Noorbergen is a litigant in person representing himself in these proceedings. 4 The Court had the opportunity of meeting on site with the parties this morning and carried out a site inspection of the subject site and the two comparable land sales provided by Mr Bayliss that are in many respects they are the most comparable in terms of their location. However, one must look at other sales in terms of the temporal difference that is, the date of those sales to the base date of the valuation being contested.