NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Graham Trilby Pty Ltd v Valuer-General [2011] NSWLEC 68 Hearing dates: 4-7 April 2011 Decision date: 15 April 2011 Jurisdiction: Class 3 Before: Biscoe J Decision: (1) Appeals allowed (2) Proceedings listed to make orders determining values in accordance with judgment. (3) Parties to submit draft orders beforehand together with full hypothetical development calculation. Catchwords: VALUATION OF LAND - hypothetical development method preferred to comparable sales method - determination of average selling price of lots in subdivision, profit and risk, contingency on development costs, interest period and interest rates - value of unusable residential zoned land. Legislation Cited: Baulkham Hills Local Environmental Plan 2005 Environmental Planning and Assessment Act 1979 s 94 Valuation of Land Act 1916 ss 6A, 14L, 37 Cases Cited: Brewarrana Pty Ltd v Commissioner of Highways (1973) 32 LGRA 170 Bronzel v State Planning Authority (1979) 44 LGRA 34 Graham Trilby Pty Ltd v Valuer-General [2008] NSWLEC 217 River Bank Pty Ltd v Commonwealth (1974) 4 ALR 651 Graham Trilby Pty Ltd v Valuer-General [2009] NSWLEC 1087 Category: Principal judgment Parties: Graham Trilby Pty Ltd (Applicant) Valuer-General (Respondent) Representation: Mr I Hemmings (Applicant) Mr J Maston (Respondent) McCabe Terrill Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 30412/10, 30413/10, 30414/10
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