Ow v Valuer General [2012] NSWLEC 1107

Land and Environment Court New South Wales

Medium Neutral Citation: Ow v Valuer General [2012] NSWLEC 1107 Hearing dates: 29 and 30 March 2012 Decision date: 02 May 2012 Jurisdiction: Class 3 Before: Miller AC Decision: (1)The appeals are allowed. (2)The land values under s 6A(1) of the Act are determined at $25,700,000 at the base date of 1 July 2008 and $22,500,000 at each of the base dates of 1 July 2009 and 1 July 2010. (3)The respondent is to amend the Register of Land Values to reflect the land values determined. Catchwords: VALUATION OF LAND Legislation Cited: Valuation of Land Act 1916 Category: Principal judgment Parties: Mr C K Ow (Applicant)

Valuer General of New South Wales (Respondent) Representation: Mr H El-Hage (Applicant)

Mr M R Hall (Respondent) Parry Carroll Lawyers (Applicant)

Crown Solicitor's Office (Respondent) File Number(s): 30668, 30669 and 30670 of 2011

Judgment 1Mr C K Ow is the owner of the property, 38B The Crescent, Vaucluse (the subject property). 2He has lodged appeals against the land values issued by the Valuer General as at the base dates of 1 July 2008, 2009 and 2010 under s 6A(1) of the Valuation of Land Act 1916 (the Act). Under s 40 (2) of the Act he bears the onus of proof. 3Land value is defined in s 6A of the Act in the following terms: (1) The land value of land is the capital sum which the fee-simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bone-fide seller would require, assuming that the improvements, if any, thereon or appertaining thereto, other than land improvements, and made or acquired by the owner or the owner's predecessor in title had not been made. (2) Notwithstanding anything in subs (1), in determining the land value of any land it shall be assumed that: (a) the land may be used, or may continue to be used, for any purpose for which it was being used, or for which it could be used, at the date to which the valuation relates, and (b) such improvements may be continued or made on the land as may be required in order to enable the land to continue to be so used, but nothing in this subs prevents regard being had, in determining that value, to any other purpose for which the land may be used on the assumption that the improvements, if any, other than land improvements, referred to in subs (1) had not been made. 4Land improvements are defined in s 4 of the Act and mean: (a) the clearing of land by the removal or thinning out of timber, scrub or other vegetable growths, (b) the picking up and removal of stone, (c) the improvement of soil fertility or the structure of soil, (d) the restoration or improvement of land surface by excavation, filling, grading or levelling, not being works of irrigation or conservation, (d1) without limiting paragraph (d), any excavation, filling, grading or levelling of land (otherwise than for the purpose of irrigation or conservation) that is associated with: (i) the erection of any building or structure, or (ii) the carrying out of any work, or (iii) the operations of any mine or extractive industry, (e) the reclamation of land by draining or filling together with any retaining walls or other works appurtenant to the reclamation, and (f) underground drains.