Forest Rise Living Pty Ltd v Valuer General [2008] NSWLEC 1117

Land and Environment Court of New South Wales

CITATION : Forest Rise Living Pty Ltd v Valuer General [2008] NSWLEC 1117

APPLICANT Forest Rise Living Pty Ltd PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31140 of 2007

CORAM: Parker AC

KEY ISSUES: Valuation of Land :- Land Value

LEGISLATION CITED: Valuation of Land Act 1916 Land and Environment Court Act 1979

CASES CITED: Forest Rise Living v Valuer General [2007] NSWLEC 305

DATES OF HEARING: 10th June 2008

DATE OF JUDGMENT: 15 July 2008

APPLICANT Mr A Abbott, representative of Applicant

LEGAL REPRESENTATIVES: RESPONDENT Ms A Pearman, Barrister Instructed by Mr P Rankins, Solicitor of Valuer General

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Parker AC

15 July 2008

31140 of 2007 Forest Rise Living Pty Ltd v Valuer General

JUDGMENT 1 This is an appeal by Mr Abbott on behalf of Forest Rise Living 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 238 Wells Street, Spingfield (the subject property). Background 2 The land value of the subject property at 1 July 2006 (the base date), was assessed by the Valuer General at $1,100,000 and by Mr Abbott at $750,000.

3 The matter was the subject of mediation under Section 34 of the Land and Environment Court Act 1979 but the parties were unable to reach agreement. The parties consented to my disposing of the proceedings with a further hearing under Section 34(3)(b)(ii) of the Land and Environment Court Act 1979. The parties consented to my having regard to all matters considered in the mediation conference.