Archon Group Pty Limited –v- Valuer General [2010] NSWLEC 1131

Land and Environment Court of New South Wales

CITATION : Archon Group Pty Limited –v- Valuer General [2010] NSWLEC 1131

APPLICANT Archon Group Pty Limited PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30769 of 2009

CORAM: Parker AC

KEY ISSUES: VALUATION OF LAND :-

Land and Environment Court Act 1979 LEGISLATION CITED: Valuation of Land Act 1916 Leichhardt Local Environmental Plan 2000

Rifon 2 Pty Ltd v Valuer General [2010] NSWLEC 1115 Holcim (Australia) Pty Ltd v Valuer General [2009] NSWLEC 225 CASES CITED: Graham Trilby Pty Limited v Valuer General [2008] NSWLEC 217 Jessica Investments Pty Ltd v Valuer General [2008] NSWLEC 1375 Tomago Aluminium Company Pty Limited v Valuer General [2010] NSWLEC 4 Spencer v Commonwealth (1907) 5 CLR 418

DATES OF HEARING: 27 and 28 May 2010

DATE OF JUDGMENT: 4 June 2010

APPLICANT Mr P Prilis and Mr A Prilis

LEGAL REPRESENTATIVES: RESPONDENT Ms M Carpenter, Barrister Instructed by Ms J Donohue and Mr P Rankins, Solicitor for Valuer General

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Parker AC

4 June 2010

30769 of 2009 Archon Group Pty Limited v Valuer General

JUDGMENT 1 This is an appeal by Archon Group Pty Limited (the Applicant), under Section 37 of the Valuation of Land Act 1916 (the Act), against the Land Value assessed by the Valuer General (the Respondent) in respect of the property known as the Taverners Hill Hotel, 463 Parramatta Road, Leichhardt (the subject property). Background 2 The Applicant was self represented by Mr P Prilis and Mr A Prilis, respectively. 3 The Respondent was represented by Ms M Carpenter, Barrister, instructed by Ms J Donohue and Mr P Rankins, Solicitor for the Respondent. 4 The Land Value of the subject property at 1st July 2008 (the Base Date) was assessed by the Applicant at $495,000 and by the Respondent at $1,070,000. 5 The matter was the subject of a conference under Section 34 of the Land and Environment Court Act 1979 but the parties were unable to reach agreement. 6 The matter was the subject of an on site inspection on 27th May 2010, followed by a hearing in Court on 27th and 28th May 2010. 7 Section 40(2) of the Act states: "On an appeal, the appellant has the onus of proving the appellant's case." The subject property 8 The subject property is located in Leichhardt, an inner western suburb being approximately eight kilometres south west of the Sydney CBD in an area of retail and commercial development. 9 Situated on the corner of Parramatta Road and Rofe Street in an elevated position, the subject property is surrounded by retail and commercial development, with a significant level of vacancy, being within a fringe retail / commercial location. The subject property has a frontage to Parramatta Road, a high volume vehicular thoroughfare, with a return frontage to Rofe Street, a side street, but does not have rear lane access. 10 The subject property is improved comprising a three level building including partially excavated basement level, ground level tavern and one upper level of residential accommodation which the parties agree to be the highest and best use of the subject property.