Commonwealth Custodial Services Ltd v Valuer General

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Reported Decision: 156 LGERA 186

New South Wales


Court of Appeal


CITATION: Commonwealth Custodial Services Ltd v Valuer General [2007] NSWCA 365
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27 November 2007
 
JUDGMENT DATE: 

14 December 2007
JUDGMENT OF: Spigelman CJ at 1; Santow JA at 20; Tobias JA at 23
DECISION: Appeal dismissed with costs.
CATCHWORDS: VALUATION – Valuation of Land – Methods of Valuation – Where land subject to heritage restrictions – Valuation of Land Act 1916 ss 6A, 14G - STATUTES – Interpretation – Mischief rule
LEGISLATION CITED: Land Acquisition (Just Terms Compensation) Act 1991
Land and Environment Court Act 1979
Valuation of Land Act 1916
Valuation of Land Amendment Act 2000
Valuation of Land and Local Government (Amendment) Act 1959
CASES CITED: Barber v Valuer-General (1969) 17 LGRA 408
Boland v Yates Property Corporation Pty Ltd [1999] HCA 64; (1999) 74 ALJR 209
Commonwealth Custodial Services Limited v Valuer General [2006] NSWLEC 775
Estate of George James v The Valuer General (1942) 15 LGR 110
Illawarra Meat (Developments) Pty Ltd v Valuer-General (Land and Valuation Court, 10 March 1978, unreported)
Krisgay Pty Ltd v The Valuer-General [2007] NSWLEC 600
Leichhardt Council v Roads & Traffic Authority of NSW [2006] NSWCA 353; (2006) 149 LGERA 439
Leichhardt Municipal Council v Seatainer Terminals Ltd (1979) 40 LGRA 353
Leichhardt Municipal Council v Seatainer Terminals Ltd (1981) 48 LGRA 409
Long Reach Capital Pty Ltd v Valuer-General [2007] NSWLEC 721
Maurici v Chief Commissioner of State Revenue [2001] NSWCA 78; (2001) 51 NSWLR 673
Maurici v Chief Commissioner of State Revenue [2003] HCA 8; (2003) 212 CLR 111
Melwood Units Pty Ltd v Commissioner of Main Roads [1979] AC 426 at 432
MMAL Rentals Pty Limited v Bruning [2004] NSWCA 451; (2004) 63 NSWLR 167
Myer (SA) Stores Ltd v Valuer-General (1986) 60 LGRA 158
Ritchie v Valuer-General (1961) 21 LGRA 296
Sheath v Valuer General (1963) 64 SR (NSW) 415
Stubberfield v Valuer-General [1991] 1 Qd R 278
Toohey’s Limited v The Valuer General [1925] AC 439
The Trust Company of Australia Limited v Valuer General [2007] NSWCA 181; (2007) 154 LGERA 437
Valuer General v Fenton Nominees Pty Ltd (1982) 150 CLR 160
Wunderlich Ltd v Valuer-General (1959) 5 LGRA 50
PARTIES: Commonwealth Custodial Services Limited
Valuer General
FILE NUMBER(S): CA 40846/06
COUNSEL: A: M Craig QC / R Lancaster
R: J A Ayling SC / J Masten
SOLICITORS: A: Mallsons Stephen Jaques, Sydney
R: Crown Solictiors Office, Sydney
LOWER COURT JURISDICTION: Land & Environment Court
LOWER COURT FILE NUMBER(S): LEC 30098/04
LOWER COURT JUDICIAL OFFICER: Talbot J
LOWER COURT DATE OF DECISION: 8 December 2006
LOWER COURT MEDIUM NEUTRAL CITATION: Commonwealth Custodial Services Ltd v Valuer-General of New South Wales [2006] NSWLEC 775



                          CA 40846/06
                          CA 40016/07
                          CA 40017/07

                          SC 30098/04
                          SC 21371/04
                          SC 31079/05

                          SPIGELMAN CJ
                          SANTOW JA
                          TOBIAS JA

                          Friday 14 December 2007
COMMONWEALTH CUSTODIAL…
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Details
Case
[2007] NSWCA 365
Decision Date

CaseChat Overview and Summary

Commonwealth Custodial Services Ltd (the taxpayer) appealed to the Court of Appeal of New South Wales against a decision of the Valuer General concerning the valuation of land it owned. The dispute centred on how heritage restrictions affecting the land should be taken into account when determining its unimproved capital value for the purposes of land tax.

The primary legal issue before the Court of Appeal was the proper interpretation of sections 6A and 14G of the *Valuation of Land Act 1916* (NSW) in the context of valuing land subject to heritage restrictions. Specifically, the Court had to determine whether the Valuer General was entitled to disregard the impact of these restrictions when assessing the unimproved capital value of the land, or if the restrictions were a factor that must be considered in the valuation process.

The Court of Appeal, applying the mischief rule of statutory interpretation, found that the *Valuation of Land Act* intended for heritage restrictions to be considered in the valuation of land. Spigelman CJ, with whom Santow JA and Tobias JA agreed, reasoned that the purpose of the Act was to value land as it exists, including any encumbrances or restrictions that affect its use and value. The Court held that the Valuer General had erred in failing to account for the heritage restrictions when determining the unimproved capital value.

Consequently, the appeal was dismissed, and the taxpayer was ordered to pay the costs of the Valuer General.

Orders

Orders of the court

Appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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