Gee v Valuer General [2011] NSWLEC 1160

Land and Environment Court New South Wales

Medium Neutral Citation: Gee v Valuer General [2011] NSWLEC 1160 Hearing dates: 6 April 2011 Decision date: 30 June 2011 Jurisdiction: Class 3 Before: Pearson C Decision: Appeal dismissed Catchwords: Valuation of land - Appeal from Valuer General's land value assessment Legislation Cited: Valuation of Land Act 1916 Cases Cited: Holcim (Australia) Pty Ltd v Valuer General [2009] NSWLEC 225 Tomago Aluminium Company Pty Ltd v Valuer General [2010] NSWLEC 4 Category: Principal judgment Parties: Andrew Gee (Applicant) Valuer General (Respondent) Representation: Counsel Mr M Hall (Respondent) Solicitors Mr A Gee (Applicant in person)

Crown Solicitors Office (Respondent) File Number(s): 30651 of 2010

Judgment 1This is an appeal under s37(1) of the Valuation of Land Act 1916 (the Act) against the land value assessed by the Valuer General in respect of the property owned by the applicant at 61 Coolawin Road Northbridge, being Lot 12 DP 13776 (the subject property). 2The land value of the subject property at 1 July 2009 (the base date) was assessed by the respondent at $3,890,000. The applicant objected to the assessment and estimated the land value at $2,600,000. The respondent disallowed the objection. 3The applicant provided a written statement in support of his proposed valuation of $3,150,000, which he based on the land value assessed by the respondent as at 2006 ($3,300,000) and 2007 ($3,740,000), together with a fall in value of between 10-15 percent since he purchased the property based on the fall in values in Northbridge generally; the sale of 73 Coolawin Road in April 2010; and the renovations done to the house since purchase. In submissions, the applicant submitted that based on the expert valuation evidence provided on his behalf, the land value as at the base date was $3,300,000.