Harrison v Valuer General [2010] NSWLEC 1253

Land and Environment Court of New South Wales

CITATION : Harrison v Valuer General [2010] NSWLEC 1253

APPLICANT C Harrison PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30542 of 2010

CORAM: Moore SC

KEY ISSUES: VALUATION OF LAND :-

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 15 September 2010

EX TEMPORE JUDGMENT DATE : 15 September 2010

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Ms C Anthoney, solicitor Crown Solicitor's Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

15 September 2010

10/30542 Harrison v Valuer General

JUDGMENT

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

1 SENIOR COMMISSIONER: This appeal is pursuant to the Valuation of Land Act 1916 (the Act). It concerns the valuation, as at the base date 1 July 2009, of 59 Dickson Street, Bronte. During the course of this morning's site inspection and initial discussions, the parties were not able to reach agreement pursuant to s 34(3) of the Land and Environment Court Act 1979 and, as a consequence, the parties have agreed to me hearing and determining the objection to the statutory valuation. The statutory valuation of 59 Dickson Street, at the base state, was $1,090,000.

2 As part of the process this morning, I have inspected a number of other sites that have been adopted by Mr. Hill, expert valuer for the Valuer General, as comparable sales. Those sites comprised 24 Dickson Street, 23 Brown Street and 6 Carter Street in Bronte and 83 St Thomas Street at Clovelly. During the course of the inspection of each of those comparable sales, Mr. Hill explained the reasons why he had adopted each of those sales and the adjustments that he had made to render each of those land sales comparable, on a dollar per square metre rate, with the present site. The site has an area of 436.3 m² and the other sites that were inspected ranged between approximately 240 m² and 480 m².