Galtom Investments Pty Limited v Valuer General [2012] NSWLEC 1130

Land and Environment Court New South Wales

Medium Neutral Citation: Galtom Investments Pty Limited v Valuer General [2012] NSWLEC 1130 Hearing dates: 19 and 20 April 2012 Decision date: 22 May 2012 Jurisdiction: Class 3 Before: Miller AC Decision: (1)The appeals are dismissed. (2)The land values under s 6A(1) of the Act are confirmed at $899,000 at each of the base dates, namely, 1 July 2008, 1 July 2009 and 1 July 2010. Catchwords: VALUATION OF LAND - Legislation Cited: Valuation of Land Act 1916 Shoalhaven Local Environmental Plan 1985 Category: Principal judgment Parties: Galtom Investments Pty Limited (Applicant)

Valuer General (Respondent) Representation: Counsel Mr Gallegari (Applicant in person)

Mr N Broadbent (Respondent) Solicitors Crown Solicitor's Officer (Respondent) File Number(s): 31015, 31016 and 31017 of 2011

Judgment 1Galtom Investments Pty Limited (the applicant) is the owner of Lot 41 DP 819433 Golden Beaches Drive, Kioloa (the subject property). 2Appeals have been lodged under s 37 (1) of the Valuation of Land Act 1916 (the Act) against land values issued by the Valuer General as at the base dates of 1 July 2008, 1 July 2009 and 1 July 2010. Those land values were determined under s 6A(1) of the Act. Under s 40 (2) of the Act the applicant 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 subsection (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 subsection (1) had not been made.