Hall v Valuer General [2008] NSWLEC 1372

Land and Environment Court of New South Wales

CITATION : Hall v Valuer General [2008] NSWLEC 1372

APPLICANT Pamela Hall PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 31068 of 2007

CORAM: Miller AC

KEY ISSUES: Valuation of Land :- Land Value - Application of Comparable Sales

LEGISLATION CITED: Valuation of Land Act 1916 Environmental Planning and Assessment Act 1979

CASES CITED: Maurici v. Chief Commissioner of State Revenue [2003] 212 CLR 111 AMP Henderson Global Investors v. the Valuer General [2004] NSWCA 264

DATES OF HEARING: 21/04/2008, 25/06/2008 and 25/08/2008

DATE OF JUDGMENT: 17 September 2008

APPLICANT Mr P. Clay, barrister Instructed by Harboard Property Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Ms M. Carpenter, barrister Instructed by Crown Solicitor's Office

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Miller AC

17 September 2008

31068 of 2007 Pamela Hall v Valuer General

JUDGMENT Judgment 1 This is an appeal against the revised Land Value assessed under section 6A (1) of the Valuation of Land Act 1916 in respect of the property 128 Old Pittwater Road Brookvale as at the Base Date of 1 July 2006. Background 2 The Land Value was assessed by the Valuer General at $7,700,000 but subsequently reduced, following objection, to $5,480,000 and finally, prior to the hearing, to $4,900,000. The applicant had contended that the Land Value should be $3,933,100 but prior to the hearing revised this to $4,270,000. Based on the usable area of the property, the respective final positions reflected $860 and $750 per square metre.