Adams v Valuer General

Land and Environment Court

New South Wales

Medium Neutral Citation:	Adams v Valuer General [2014] NSWLEC 1005
Hearing dates:	6, 7, 8 August 2013
Decision date:	14 January 2014
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	Appeal Dismissed
Catchwords:	Valuation of Land
Legislation Cited:	Great Lakes Local Environmental Plan 1996 Valuation of Land Act 1916
Cases Cited:	Bingham v Cumberland County Council (1954) 20 LGR (NSW) 1 Brewarrana v Commissioner of Highways (No 2) 6 SASR El Boustani v Minister Administering the Environmental Planning and Assessment Act 1979 [2012] NSWLEC 266 Graham Trilby Pty Limited v Valuer General [2008] NSWLEC 217 Graham Trilby Pty Ltd v Valuer General [2009] NSW LEC 1087 Holcim (Australia) Pty Ltd v Valuer General [2009] NSWLEC 225 Jessica Investments Pty Ltd v Valuer General [2008] NSWLEC 1375 Leichhardt Municipal Council v Seatainer Terminals (1981) 48 LGRA 409 Marroun v Roads and Maritime Services [2012] NSWLEC 196 Maurici v Chief Commissioner of State Revenue [2003] HCA 8 Redeam Pty Ltd v South Australian Land Commission (1977) 40 LGRA 151 Riverbank Pty Ltd v Commonwealth (1974) 48 AJLR 483 Spencer v Commonwealth (1907) 5 CLR 418 Tenstat Pty Limited v Valuer General Woolworths Limited v Valuer General [2012] NSWLEC 1361 Tomago Aluminium Company Pty Limited v Valuer General [2010] NSWLEC 4 Trust Company Limited v Minister Administering the Crown Lands Act 1989 [2012] NSWLEC73
Category:	Principal judgment
Parties:	Peter Wesley Adams (Applicant) Valuer General (Respondent)
Representation:	Counsel Mr White (Respondent) Solicitors Mr Adams, Adams Raves Marsh & Co (Applicant) Mr Rankins, Crown Solicitor (Respondent)
File Number(s):	30085 of 2013 30086 of 2013 30087 of 2013

Judgment

1. This is an appeal by Peter Wesley Adams (the Applicant) under section 37 of the Valuation of Land Act 1916 (the Act) against the land values assessed by the Valuer General (the Respondent) in respect of the property known as 12 Kinka Road, Seal Rocks (the subject property).

Background

1. The Applicant was represented by Mr Adams, Solicitor of Adams Raves Marsh & Co.

1. The Respondent was represented by Mr White, Barrister, instructed by Mr Rankins, Solicitor of the Crown Solicitor.

1. The land value of the subject property at 1st July 2009 (the 2009 Base Date), 1st July 2010 (the 2010 Base Date) and 1st July 2011 (the 2011 Base Date) was assessed by the Respondent as follows:

2009 Base Date $1,700,000 ($3,163psm)

2010 Base Date $1,530,000 ($2,847psm)

2011 Base Date $1,450,000 ($2,698psm)

1. The Applicant objected to the assessed land values and appealed to the Court under section 37(1) of the Act.

1. The appeal was the subject of an on-site inspection on 6thAugust 2013, followed by a hearing in Court on 7thand 8thAugust 2013.

1. Section 40(1) of the Act states:

On an appeal, the Land and Environment Court may do any one or more of the following:

(a)   confirm or revoke the decision to which the appeal relates,

(b)   make a decision in place of the decision to which the appeal relates,

(c)   remit the matter to the Valuer-General for determination in…