In Adam Pty Ltd v Valuer-General [2011] NSWLEC 55

Land and Environment Court New South Wales

Medium Neutral Citation: In Adam Pty Ltd v Valuer-General [2011] NSWLEC 55 Hearing dates: 23 March 2011 Decision date: 01 April 2011 Jurisdiction: Class 3 Before: Biscoe J Decision: 1. Appeals allowed; 2. Parties to bring in draft orders to reflect decision within two working days. Catchwords: VALUATION OF LAND:- heritage restricted land - whether there should be a deduction for a "heritage cost penalty". Legislation Cited: Land and Environment Court Act 1979 s 56A Valuation of Land Amendment Act 2009 s 14G(1)(b1) Valuation of Land Act cl 18, Schedule 2, ss 6A, 14G Cases Cited: Commonwealth Custodial Services Ltd v Valuer-General [2007] NSWCA 365, 156 LGERA 186 Commonwealth Custodial Services Ltd v Valuer General [2008] NSWLEC 310 In Adam Pty Ltd v Valuer-General [2010] NSWLEC 1262 Valuer-General v Commonwealth Custodial Services Ltd [2009] NSWCA 143, 74 NSWLR 700 Category: Principal judgment Parties: In Adam Pty Ltd (Applicant) Valuer-General (Respondent) Representation: Mr I Hemmings (Applicant) Mr J A Ayling SC with Mr J B Maston (Respondent) Hones La Hood (Applicant) Crown Solicitor's Office of New South Wales(Respondent) File Number(s): 30850/10; 30942/10; 30943/10

Judgment 1These are three appeals by an objector, In Adam Pty Ltd, against a joint decision of two Commissioners of the Court upholding objections to valuations by the Valuer-General under the Valuation of Land Act 1916 as at 1 July 2006, 1 July 2007 and 1 July 2008 in relation to a heritage restricted building at 223 - 225 Liverpool Street, Darlinghurst: In Adam Pty Ltd v Valuer-General [2010] NSWLEC 1262. The appeals are brought under s 56A of the Land and Environment Court Act 1979 and, accordingly, are restricted to questions of law. 2The Commissioners upheld the objections and amended the land values as follows: Base Date Valuer-General's Contention Commissioners' decision 1 July 2006 $6.47m $6.24m 1 July 2007 $7.5m $6.425m 1 July 2008 $7.25m $5.875m