Gilles and Anor v Valuer General [2007] NSWLEC 556

Land and Environment Court of New South Wales

CITATION : Gilles and Anor v Valuer General [2007] NSWLEC 556

APPLICANT Joseph John Gilles and Geoffrey Michael Gilles PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31203 of 2006

CORAM: Miller AC

KEY ISSUES: Valuation of Land :-

LEGISLATION CITED: Valuation of Land Act 1916 Randwick Local Environmental Plan 1998

CASES CITED: Spencer v the Commonwealth 5 CLR 441

DATES OF HEARING: 23/07/2007 and 24/07/2007

DATE OF JUDGMENT: 6 September 2007

APPLICANT Mr P. Cleary, barrister Instructed by S. Sarkis of Giles Payne & Co. LEGAL REPRESENTATIVES:

RESPONDENT Mr M. McGrowdie, barrister Instructed by Mr P. Rankins of Crown Solicitors Officers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Miller AC

6 September 2007

31203 of 2006 Joseph John Gilles and Geoffrey Michael Gilles v Valuer General

JUDGMENT 1 This is an Appeal by Gilles & Anor (the Applicant) against the Land Value assessed by the Valuer General (the Respondent) in respect of all of the land comprised in Strata Plan 33164 known as 488 Bunnerong Road, Matraville (the site). Background 2 The Land Value of the site, as assessed by the Respondent as at 1 July 2005 (the Base Date) was $780,000.00. The Applicant contended that the Land Value should have been $460,000.00. The Site 3 The site is located on the western side of Bunnerong Road, Matraville almost directly opposite Daunt Avenue. It has a frontage of 13.11 metres to Bunnerong Road, depths of 32.97 metres and 31.4 metres with an alignment to a lane, extending parallel to Bunnerong Road, of 13.33 metres. The land area is 417.3 m2. The land rises from street, frontage to the rear lane.