Leppington Pastoral Company Pty Ltd v Valuer General [2010] NSWLEC 1023

Land and Environment Court of New South Wales

CITATION : Leppington Pastoral Company Pty Ltd v Valuer General [2010] NSWLEC 1023

APPLICANT Leppington Pastoral Company Pty Ltd PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30057 and 30058 of 2009

CORAM: Parker AC

KEY ISSUES: VALUATION OF LAND :- Contaminated Land

LEGISLATION CITED: Valuation of Land Act 1916

CASES CITED: Trust Company of Australia Ltd v The Valuer General [2007] NSWCA 181 Ritcher v Chief Executive, Department of Natural Resources (1998) 19 QLCR 274

DATES OF HEARING: 9th – 10th December 2009

DATE OF JUDGMENT: 11 February 2010

APPLICANT Mr I Hemmings (Barrister) SOLICITOR Instructed by Mr D Baird (Solicitor) Marsdens Law Group LEGAL REPRESENTATIVES: RESPONDENT Mr J Atkin (Barrister) SOLICITOR Instructed by Mr P Rankins (Solicitor) for Valuer General

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Parker AC

11 February 2010

30057 of 2009 30058 of 2009 Leppington Pastoral Company Pty Ltd v Valuer General

JUDGMENT 1 This is an appeal by Leppington Pastoral Company 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 the Oran Park Raceway, Cobbity Road, Oran Park (the subject property). Background 2 The Applicant was represented by Mr I Hemmings, Barrister, instructed by Mr D Baird, Solicitor, Marsdens Law Group. 3 The Respondent was represented by Mr J Atkin, Barrister, instructed by Mr P Rankins, Solicitor for the Valuer General. 4 The Land Value of the subject property at 1st July 2004 (the 2004 Base Date) was assessed by the Applicant at $26,776,000 and by the Respondent at $52,000,000. 5 The Land Value of the subject property at 1st July 2007 (the 2007 Base Date) was assessed by the Applicant at $20,664,000 and by the Respondent at $40,000,000. 6 The matter was the subject of an on site inspection on 9th December 2009, followed by a hearing in Court on 10th December 2009.