Valuer-General of New South Wales v In Adam Pty Limited [2012] NSWCA 20

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Valuer-General of New South Wales v In Adam Pty Limited [2012] NSWCA 20 Hearing dates: 28 November 2011 Decision date: 01 March 2012 Before: Allsop P at 1 Handley AJA at 2 Tobias AJA at 28 Decision: Orders pronounced by the Court orally on 28 November 2011 confirmed. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: VALUATION OF LAND - Valuation of Land Act 1916 - land value - heritage listed building - assumptions - same building but new - increase cost of construction - relevance. Cases Cited: Commonwealth Custodial Services Ltd v V-G [2007] NSWCA 365; 156 LGERA 186 East End Dwellings Co Ltd v Finsbury BC [1952] AC 109 Spencer v The Commonwealth [1907] HCA 82, 5 CLR 418 V-G v Commonwealth Custodial Services [2009] NSWCA 143, 74 NSWLR 700 Texts Cited: Land and Environment Court Act, s 56A Valuation of Land Act 1916, s 14G Category: Principal judgment Parties: Valuer-General of New South Wales - Applicant In Adam Pty Limited - Respondent Representation: Counsel: J A Ayling SC with J Maston - Applicant I Hemmings - Respondent Solicitors: IV Knight, Crown Solicitor - Applicant Hones La Hood Lawyers - Respondent File Number(s): 2011/180273 Decision under appeal Citation: [2011] NSW LEC 55 Date of Decision: 2011-04-01 00:00:00 Before: Biscoe J File Number(s): 30850/10; 30942/20 and 30943/10