NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jessica Investments Pty Ltd v Valuer General [2008] NSWLEC 1375
APPLICANT Jessica Investments Pty Ltd PARTIES : RESPONDENT Valuer General
FILE NUMBER(S) : 31156 of 2007
CORAM: Bly C
KEY ISSUES: Valuation of Land :- comparable sales method, residual or feasibility analysis, subdivision of land for residential purposes.
LEGISLATION CITED: Valuation of Land Act 1916 Campbelltown (Urban Area) Local Environmental Plan 2002
CASES CITED: Graham Trilby Pty Limited v Valuer-General [2000 May] NSWLEC 217 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2008] HCA 5 (27/2/2008)
DATES OF HEARING: 12/08/2008, 13/08/2008 and 14/08/2008
DATE OF JUDGMENT: 19 September 2008
APPLICANT Mr J. Atkin, solicitor Instructed by Lazarus Tomoko Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr J. Maston, barrister Instructed by Crown solicitors
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
19 September 2008
31156 of 2007 Jessica Investments Pty Ltd v Valuer General
JUDGMENT Introduction 1 This is an appeal against the Value General's valuation of Lot 100 DP 1060693 (the site), being land in Campbelltown Road, Glenfield under s 6A of the Valuation of Land Act 1916. The relevant valuation notice is for base date 1 July 2006, the relevant date being 9 October 2006, indicates a land value of $26,000,000. ($88.72 per square metre overall). If the appeal is to be upheld, pursuant to s 40(2) of the Act the onus of proof rests with the applicant.
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