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Challenger Listed Investments Limited v Valuer General (No 2)

Challenger Listed Investments Limited v Valuer General (No 2)

Case [2015] NSWLEC 60

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AGLC: Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60
Case: [2015] NSWLEC 60
Decision Date: 16 April 2015

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Separate question answered in applicant’s favour. Each party to pay their own costs.

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Citations

Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60

Most Recent Citation

Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 18

Cases Citing This Decision

Griffani v Ballina Shire Council [2021] NSWLEC 1660
Citation 1 (Para 25)

…rated that they are “plainly wrong” and to support this proposition the Applicant relies on Challenger Listed Investments v Valuer General (No 2) [2015] NSWLEC 60 Decision of Pepper J, at [28]-[31]:…
Peter Sleiman Property Investments Pty Ltd v Valuer-General of New South Wales (No 2) [2021] NSWLEC 47
Citation 2

…170 Bronzel v State Planning Authority (1979) 21 SASR 513; (1979) 44 LGRA 34 Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60 Commonwealth Custodial Services Ltd v Valuer General [2007] NSWCA 365; (2007) 156 LGERA 186 Co-ordinated Resources Pty Ltd v Valuer General (1983) 27 the Value…
Intrapak Skennars Head Pty Ltd v Ballina Shire Council [2021] NSWLEC 1006
Citation 3 (Para 95)

…Those observations were approved, with a qualification, by Pepper J in Challenger Listed Investments Limited v Valuer-General (No 2) [2015] NSWLEC 60 (Challenger) in which at [30]-[31] her Honour said:…
Abdullah v Strathfield Municipal Council [2020] NSWLEC 1467
Citation 4 (Para 34)

…ecision, I would follow it as a matter of comity unless persuaded it is plainly wrong (eg Challenger Listed Investments Ltd v Valuer General (No 2) [2015] NSWLEC 60 at [28]-[31]).…
Rosewood Australia Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 84
Citation 5 (Para 62)

…: Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072 at [52]-[61] and Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60 at [28]-[31]. In any event, I do not consider the decision in Australian Nursing Home Foundation to be “plainly wrong”: Gett v Tabet [2009] NSWCA 76;…
Lizard Apple Pty Ltd v Inner West Council [2019] NSWLEC 1146
Citation 6 (Para 6)

…In support of his argument, Mr Pickles turned to Pepper J’s determination in Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60 ( Challenger ). His proposition was that, following certain findings, it was evident that Her Honour’s opinion had changed from that taken in Maygood . There we…
Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 1187
Citation 7 (Para 68)

…lude the requirement in cl 26, however Cowdroy J’s finding is not binding ( Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60 [31]).…
Olefines Pty Ltd v Valuer-General of New South Wales [2018] NSWLEC 18
Citation 8 (Para 43)

…for the valuer to assess, based on the evidence, in determining the land value: citing Challenger Listed Investments Limited v Valuer-General (No 2) [2015] NSWLEC 60 at [25], [32] and [35]. The Applicant criticised the Respondent’s alternative construction of s 6A(2) for allegedly constituting an impermissible val…

Cases Cited

Statutory Material Cited

Valuer-General v Fivex Pty Ltd [2015] NSWCA 53
Citation 1 (Para 2)

…and the hearing of that separate question before the Court, the Court of Appeal delivered judgment in the decision of Valuer-General v Fivex Pty Ltd [2015] NSWCA 53, upholding an appeal by the Valuer General (“the VG”) against a decision of this Court concerning the application of s 6A(2) of the Valuation of Land…
Valuer-General v Commonwealth Custodial Services Ltd [2009] NSWCA 143
Citation 2 (Para 2)

…nclusion is also consistent with what was held in Valuer-General v Commonwealth Custodial Services Ltd[2009] NSWCA 143; 74 NSWLR 700, where the Court unanimously held that heritage restricted land should be valued by reference to the improvements on the land in their actual condition, rather than in their pristine…
Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2008] HCA 5
Citation 3 (Para 2)

…ning law provide assistance. Those are “principles” in the sense identified in Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority[2008] HCA 5; 233 CLR 259 at [31], derived from a body of case law based on comparable legislative provisions. I acknowledge that they inform the legal meaning of “use” a…
Port Stephens Council v Sansom [2007] NSWCA 299
Citation 4 (Para 1)

…the order for the determination of the separate question before Biscoe J. It emphasised the words of Spiegelman CJ in Port Stephens Council v Sansom [2007] NSWCA 299; (2007) 156 LGERA 125 where his Honour opined that, “persons ought to be encouraged, by the prospect of receiving costs, to institute proceedings tha…
Trust Company of Australia Ltd v Valuer-General [2007] NSWCA 181
Citation 5 (Para 1)

…has appealed that decision and the appeal is to be heard later this month. In Fivexat [25]Craig J cited Trust Company of Australia v Valuer-General[2007] NSWCA 181, (2007) 154 LGERA 437 at [83] where Campbell JA observed that there had been judicial recognition that the purpose of what is now s 6A(2) is “to ensure…
Maurici v Chief Commissioner of State Revenue [2001] NSWCA 78
Citation 6 (Para 2)

…d, as appears from the verb “continued”, a point noted by Handley JA in Maurici v Chief Commissioner of State Revenue [2001] NSWCA 78 at [26]. If the operation of s 6A(2) were exhausted by ensuring that an existing use is one to which the valuation exercise may have regard, then it is difficult to see why paragrap…
Challenger Listed Investments Ltd v Valuer General [2015] NSWLEC 7
Citation 7 (Para 1)

…On 3 February 2015, Biscoe J, in Challenger Listed Investments Ltd v Valuer-General [2015] NSWLEC 7, ordered that the following question be determined separately and before any other question in the proceedings: Having regard to the agreed facts that the Land is contaminated and that the source of the contaminatio…
Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072
Citation 8 (Para 3)

…This proposition must be emphatically rejected. As was stated by Dixon C in Mac Services Group v Mid-Western Regional Council [2014] NSWLEC 1072 (at [52]–[61]): 52. Before I deal further with the contentions it is necessary to deal with the parties’ submissions that I am “bound” or “obliged” to follow the decision of…
Fivex Pty Ltd v Valuer-General [2014] NSWLEC 27
Citation 9 (Para 7)

…supported by market evidence as to the current use of the land, but that the decision by Craig J at first instance in Fivex Pty Ltd v Valuer-General [2014] NSWLEC 27 placed doubt upon its reliance upon s 6A(2) of the Act in arriving at its determinations. The VG then sought to rely on Leppington Pastoral Company P…
Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142
Citation 10 (Para 4)

…pectfully endorse the Commissioner’s reasoning. Statements made by me to the contrary in Maygood Australia Pty Ltd v Willoughby City Council (No 2) [2013] NSWLEC 142 (at [21]) are wrong and ought not be followed.…
Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2) [2013] NSWLEC 38
Citation 11 (Para 5)

…t is plainly wrong (for a discussion of the scope and application of that test see Fullerton Cove Residents Action Group v Dart Energy Ltd (No 2) [2013] NSWLEC 38; (2013) 195 LGERA 229 at [278]–[284]). But if, in the opinion of the commissioner the judgment is plainly wrong, then the commissioner is entitled to dep…
Leppington Pastoral Company Pty Ltd v Valuer-General [2010] NSWLEC 1023
Citation 12 (Para 7)

…eliance upon s 6A(2) of the Act in arriving at its determinations. The VG then sought to rely on Leppington Pastoral Company Pty Ltd v Valuer-General [2010] NSWLEC 1023 in support of an argument that the contamination of the land could, in any event, be ignored because it was brought about through the use of improvem…

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