NSW Caselaw
Reported Decision: 74 NSWLR 700
New South Wales Court of Appeal
CITATION: Valuer-General v Commonwealth Custodial Services Ltd [2009] NSWCA 143 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 21 May 2009
JUDGMENT DATE: 10 June 2009
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 7; McClellan CJ at CL at 8
DECISION: Appeal dismissed with costs.
CATCHWORDS: APPEAL - valuation of land - valuations - heritage restricted - valuation methodology - assumption of new building or actual building in its existing condition
LEGISLATION CITED: Valuation of Land Act 1916 (NSW)
CATEGORY: Principal judgment
Commonwealth Custodial Services Ltd v Valuer-General [2007] NSWCA 365; (2007) 156 LGERA 186 CASES CITED: Valuer-General v Fenton Nominees Pty Ltd (1982) 150 CLR 160; 47 LGRA 95 Toohey's Limited v Valuer-General (1924) 25 SR (NSW) 75
PARTIES: Valuer-General (Appellant) Commonwealth Custodial Services Ltd (Respondent)
FILE NUMBER(S): CA 40438/08
COUNSEL: J A Ayling SC/J B Maston (Appellant) M Craig QC/M Seymour (Respondent)
SOLICITORS: Crown Solicitors Office (Appellant) Mallesons Stephen Jaques (Respondent)
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): LEC 30010/08 LEC 30153/08
LOWER COURT JUDICIAL OFFICER: Biscoe J
LOWER COURT DATE OF DECISION: 28 November 2008
LOWER COURT MEDIUM NEUTRAL CITATION: NSWLEC 310
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40438/08 LEC 30010/08 LEC 30153/08
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