NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Tomago Aluminium Company Pty Limited v Valuer General [2010] NSWLEC 4
APPLICANT Tomago Aluminium Company Pty Limited PARTIES : RESPONDENT Valuer General
FILE NUMBER(S) : 31286 of 2008
CORAM: Pepper J - Parker AC
KEY ISSUES: VALUATION OF LAND :- appeal from Valuer General's land value assessments - industrial land - appeal dismissed
Land and Environment Court Act 1979 ss19, 40 LEGISLATION CITED: Valuation of Land Act 1916 s 37 Port Stephens Local Environmental Plan 2000
CSR Ltd v Hornsby Shire Council (2004) 57 ATR 201 CASES CITED: Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225 Hornsby Shire Council v Commissioner of Taxation [2008] AATA 1060
DATES OF HEARING: 6-8 October 2009
DATE OF JUDGMENT: 22 January 2010
APPLICANT Ms S Duggan SOLICITORS Hunt and Hunt LEGAL REPRESENTATIVES: RESPONDENT Mr M Hall SOLICITORS Crown Solicitors Office
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Pepper J Parker AC
22 January 2010
31286 of 2008 Tomago Aluminium Company Pty Limited v Valuer General
JUDGMENT
Introduction 1 This is an appeal by way of application by Tomago Aluminium Company Pty Limited ("the applicant"), under s 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 Tomago Aluminium Smelter, Tomago Road and Pacific Highway, Tomago ("the subject property"). 2 The land value of the subject property at 1 July 2007 ("the base date"), was assessed by the applicant at $23,500,000 and by the respondent at $48,200,000. Although the respondent tendered valuation evidence that the land value was approximately $60,000,000, which was higher than the statutory assessment, the respondent does not submit that the statutory assessment set out in the Notice of Determination should be increased. 3 The subject property and five comparable sale sites were the subject of an on-site and external inspection on 6 October 2009, followed by a hearing in Court on 7 and 8 October 2009. 4 I gratefully acknowledge the assistance of Acting Commissioner Parker who was present during the hearing of this matter and attended the site inspections referred to above. Summary of Decision 5 For the reasons given below the appeal is dismissed. Statutory Framework
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