NSW Caselaw
New South Wales Supreme Court
CITATION : Total & Universal Pty Ltd v Kingsway Property Investments (No. 2) Pty Ltd [2006] NSWSC 1388
HEARING DATE(S) : 27/2/06; 5/12/06 - 8/12/06
JUDGMENT DATE : 15 December 2006
JURISDICTION : Equity
JUDGMENT OF : Campbell J
DECISION : Plaintiff's claims dismissed. Cross-claimant's claims dismissed.
CATCHWORDS : LANDLORD AND TENANT - rent - rent review clause - in long-term lease entered in 1968, where rent review dependent upon unimproved value of land - in the meaning of Valuation of Land Act 1916 - effect of amendment of Valuation of Land Act 1916 to remove concept of unimproved value - ENVIRONMENTAL LAW - legislation generally - Valuation of Land Act 1916 - general considerations of manner of operation - role of concept of "land value" - operation of objections to valuation
Real Property Act 1900 LEGISLATION CITED : Valuation of Land Act 1916 Valuation of Land (Rating and Valuation) Amendment Act 1981
Denovan v Wagga Wagga City Council (1984) 53 LGRA 358 Kelmea Pty Limited v State Rail Authority (Supreme Court of New South Wales, Bryson J, 10 December 1986 unreported) CASES CITED : Kelmea Pty Limited v State Rail Authority of New South Wales (New South Wales Court of Appeal, 29 June 1988, unreported) Mackay v Dick (1881) 6 App Cas 251 Maurici v Chief Commissioner of State Revenue (2003) 212 CLR 111 Motrix Supplies Pty Ltd v Bonds and Kirby (Victoria Avenue) Pty Ltd (Supreme Court of New South Wales, Giles J, 12 September 1990 unreported)
Total & Universal Pty Limited - Plaintiff PARTIES : Kingsway Property Investments (No. 2) Pty Ltd - Defendant/Cross-Claimant Rail Corporation New South Wales - Cross-Defendant
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