P&N Group Holdings Pty Ltd –v- Valuer General [2010] NSWLEC 1125

Land and Environment Court of New South Wales

CITATION : P&N Group Holdings Pty Ltd –v- Valuer General [2010] NSWLEC 1125

APPLICANT P&N Group Holdings Pty Ltd PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30592 of 2009

CORAM: Parker AC

KEY ISSUES: VALUATION OF LAND :-

Land and Environment Court Act 1979 LEGISLATION CITED: Valuation of Land Act 1916 Burwood Planning Scheme Ordinance 1979

CASES CITED: Trust Company of Australia Ltd v The Valuer General [2007] NSWCA 181 Spencer v Commonwealth (1907) 5 CLR 418

DATES OF HEARING: 22 and 23 February and 15 March 2010

DATE OF JUDGMENT: 28 May 2010

APPLICANT Mr M Seymour, Barrister Instructed by Applicant

LEGAL REPRESENTATIVES: RESPONDENT Mr G Newport, Barrister Instructed by Mr P Rankins, Solicitor for Valuer General

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Parker AC

28 May 2010

30592 of 2009 P&N Group Holdings Pty Ltd v Valuer General

JUDGMENT 1 This is an appeal by P&N Group Holdings Pty Ltd (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 36-38 Victoria Street, Burwood (the subject property). Background 2 The Applicant was represented by Mr M Seymour, Barrister, instructed by the Applicant. 3 The Respondent was represented by Mr G Newport, Barrister, instructed by Mr P Rankins, Solicitor for the Respondent. 4 The Land Value of the subject property at 1st July 2007 (the Base Date) was assessed by the Applicant at $1,530,000 and by the Respondent at $3,280,000. 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 22nd February 2010, followed by a hearing in Court on 22nd and 23rd February and 15th March 2010. 7 Section 40(2) of the Act states: "On an appeal, the appellant has the onus of proving the appellant's case."