Tratta One Pty Ltd v Valuer General [2008] NSWLEC 1186

Land and Environment Court of New South Wales

CITATION : Tratta One Pty Ltd v Valuer General [2008] NSWLEC 1186

APPLICANT Tratta One Pty Ltd PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30953 of 2007

CORAM: Miller AC

KEY ISSUES: Valuation of Land :-

LEGISLATION CITED: Valuation of Land Act 1916 Warringah Local Environmental Plan 2000

CASES CITED: McCathie v. Federal Commissioner of Taxation (1944) 69 CLR 1 at p 16) A.R.P. Black and Ors v. Valuer General 32 CLLR 146 at p 155

DATES OF HEARING: 28/04/2008 and 29/04/2008

DATE OF JUDGMENT: 21 May 2008

APPLICANT Mr S. Lambert, agent

LEGAL REPRESENTATIVES: RESPONDENT Mr G. Newport, barrister Instructed by Mr P. Rankins of Crown Solicitors Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Miller AC

21 May 2008

30953 of 2007 Tratta One Pty Ltd v Valuer General

JUDGMENT 1 This is an appeal against the revised Land Value assessed under section 6A(1) of the Valuation of Land Act 1916 in respect of the property 541 Pittwater Road Brookvale as at the Base Date of 1 July 2006. Background 2 The Land Value was originally assessed at $965,000 but subsequently reduced to $845,000. Tratta still contends that the Land Value should be $630,000. The Subject Property 3 The property is located on the northern side of Pittwater Road, between Pine Avenue and Victor Rd. It has a frontage of 11.34 m, at a slight angle to the side boundaries which have depths of 50.18 m and 49.36 m with a rear alignment, at right angles to the side boundaries, of 11.28 m. The land area is 562.7 square metres. In its natural state the land rose from street frontage to the rear but during the construction of the existing improvements excavation was undertaken resulting in the land being now comparatively level.