TRUST COMPANY OF AUSTRALIA LTD v THE VALUER-GENERAL [2007] NSWCA 181

Reported Decision: 154 LGERA 437

New South Wales Court of Appeal

CITATION: TRUST COMPANY OF AUSTRALIA LTD v THE VALUER-GENERAL [2007] NSWCA 181

HEARING DATE(S): 31 May 2007

JUDGMENT DATE: 26 July 2007

JUDGMENT OF: Beazley JA at 1; Ipp JA at 2; Campbell JA at 3

DECISION: (1) Appeal dismissed.; (2) Appellant to pay costs of the Respondent of the appeal.

CATCHWORDS: VALUATION OF LAND – method of valuation – where land value to be determined on assumption that improvements on the land had not been made – meaning of "improvements" – where buildings on land not suitable for highest and best use of land – whether buildings improvements – whether improvements have to add value to land by reference to its highest and best use – whether additions to land that reduce value are improvements – Valuation of Land Act 1916 - STATUTES – construction – principles of construction – whether court limited to selecting from constructions presented to it by parties – construction by reference to context in which words used – construction by reference to history and purpose of provision – construction by reference to ordinary English meaning of words – construction by reference to whole instrument – construction by reference to legislative history – whether statute should be given construction that would be simplest to apply - STATUTES – construction – meaning of "improvements" to land – Valuation of Land Act 1916 - APPEALS – appeal from Land and Environment Court to Court of Appeal – class 3 proceedings – where appeal limited to questions of law – mixed question of fact and law – whether wrong legal principle applied – Land and Environment Court Act 1979 - WORDS AND PHRASES – "improvements"

Land and Environment Court Act 1979 Land and Income Tax Assessment Act 1895 Land Tax Assessment Act 1910-1924 Land Tax Assessment Act 1910-1926 Valuation of Land (Land Value) Amendment Act 1983 LEGISLATION CITED: Valuation of Land (Rating and Valuation) Amendment Act 1978 Valuation of Land (Rating and Valuation) Amendment Act 1981 Valuation of Land (Rating) Amendment Act 1989 Valuation of Land Act 1916 Valuation of Land Amendment Act 2000 Valuation of Land and Local Government (Amendment) Act 1959 Valuation of Land and Local Government (Further Amendment) Act 1961