Scambiaterra v Valuer General [2003] NSWLEC 339

> Land and Environment Court of New South Wales

CITATION : Scambiaterra v Valuer General [2003] NSWLEC 339 APPLICANT J Scambiaterra PARTIES : RESPONDENT Valuer General . FILE NUMBER(S) : 30035 of 2003 CORAM: Moore C Valuation of Land :- KEY ISSUES: Permissible use for valuation . Valuation of Land Act 1916 LEGISLATION CITED: IDO 25 - City of Campbelltown . Riverbank v The Commonwealth (1974) 48 ALGR 483; Brisbane City Council v The Valuer General for the State of Queensland (1978) 140 CLR 41; CASES CITED: Maurici v The Chief Commissioner of State Revenue (2003) 77 ALGR 727; Briggenshaw v Briggenshaw (1938) 60 CLR 366; . DATES OF HEARING: 18 and 19 August; 8 and 9 December 2003 EX TEMPORE JUDGMENT DATE : 12/09/2003

APPLICANT Mr A Hyam, barrister INSTRUCTED BY Robert Tricca & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr C Dimitriadis, barrister INSTRUCTED BY Crown Solicitor (NSW)

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 30035 of 2003 Moore C 9 December 2003 J Scambiaterra Applicant v Valuer General Respondent Judgment 1 This is an appeal against the valuation of two parcels of land located in the Campbelltown suburb of Claymore. They are Lot 503 in Deposited Plan 263776 and Lot 100 in Deposited Plan 852796. The two lots have a total area of 1.452 hectares. 2 The site is located on Dobell Drive in Claymore and presently has a small neighbourhood shopping centre erected on it with off-street parking. The present centre has significant tenancy vacancies and is in a somewhat rundown condition. It is partially below road level at its western end and slopes away from Dobell Drive.