J Byrne v Valuer-General [2006] NSWLEC 64

Land and Environment Court of New South Wales

CITATION : J Byrne v Valuer-General [2006] NSWLEC 64

APPLICANT J Byrne PARTIES : RESPONDENT Valuer-General

FILE NUMBER(S) : 30960 of 2005

CORAM: Moore C

KEY ISSUES: Valuation of Land :-

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 1 February 2006

EX TEMPORE JUDGMENT DATE : 02/01/2006

Applicant in person

LEGAL REPRESENTATIVES: RESPONDENT Ms A Pearman, barrister INSTRUCTED BY NSW Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

1 February 2006

05/30960 J Byrne v Valuer-General

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 40 of the Valuation of Land Act 1916 (the Act) against the statutory valuation (as at the base date of 1 July 2004) for a property at 34 Gloucester Street, Nelson Bay – being Lots 1 and 2 in Strata Plan 43037 (the site). The site has a frontage to Gloucester Street on its southern boundary and a fall both slightly across the block and, in a somewhat more pronounced fashion, from the south to the north to its frontage to a waterfront reserve.

2 The statutory valuation against which the appeal is made is an amended statutory valuation, the Valuer General having allowed, to a limited extent, an earlier objection. That amended statutory valuation is in the sum of $1,050,000 as at the base date.