Francis v Valuer General

Land and Environment Court

New South Wales

Medium Neutral Citation:

Francis v Valuer General [2024] NSWLEC 1055

Hearing dates:

7 December 2023

Date of orders:

16 February 2024

Decision date:

16 February 2024

Jurisdiction:

Class 3

Before:

Targett AC

Decision:

The Court orders that:

(1) The appeal is dismissed.

(2) The valuation of the land being Lot 170 in DP 1094976, known as 41 Denman Street, Maitland, NSW as at 1 July 2022 is confirmed in the amount of $291,000.

(3) The exhibits are returned.

Catchwords:

VALUATION OF LAND – appeal against valuations by Valuer-General – s 6A(1) of Valuation of Land Act 1916 (NSW)

Legislation Cited:

Land and Environment Court Act 1979, s 19

Valuation of Land Act 1916 (NSW), ss 6A, 37

Maitland Local Environmental Plan 2011

Cases Cited:

Richard Capuano v Roads and Maritime Services [2018] NSWLEC 59

Hillman v Valuer General (1938) 14 LGR (NSW) 14

Barrett v Valuer General [2015] NSWLEC 1141

Category:

Principal judgment

Parties:

Rixta Francis (Applicant)
Valuer General (Respondent)

Representation:

Counsel:
R Francis (Self-represented)(Applicant)
M Carpenter (Respondent)

Solicitors:
N/A
Crown Solicitor’s Office (Respondent)

File Number(s):

2023/138680

Publication restriction:

Nil

JUDGMENT

1. These Class 3 proceedings comprise an appeal under s 37 of the Valuation of Land Act 1916 (Valuation Act) by Mrs Rixta Francis (the applicant) challenging the land value determined by the Valuer General (respondent) for the valuing year 1 July 2022 (Valuing Year) under the Valuation Act in respect of Lot 170 in DP 1094976 (also known as 41 Denman Street, Maitland, NSW) (Subject Land).

2. Pursuant to ss 6A of the Valuation Act, the respondent ascertained the land value of the Subject Land in the amount of $291,000 for the Valuing Year (Valuation).

3. On 29 January 2023, the applicant lodged an objection with the respondent in respect of the Valuation. On 11 April 2023, the respondent rejected the objection and upheld the Valuation. The applicant was dissatisfied with the determination of the objection and appealed pursuant to s 37 of the Valuation Act on 1 May 2023. The proceedings were therefore commenced within the time period prescribed by s 38 of the Valuation Act. The proceedings fall within Class 3 of the Court’s jurisdiction pursuant to s 19(b) of the Land and Environment Court Act 1979 (LEC Act).

4. The applicant’s position as to the correct valuation of the Subject Land in the Valuing Year changed over the course of the matter. In the applicant’s Valuation Objection Form dated 29 January 2023 (attached to the applicant’s Class 3 Application filed 1 May 2023 (Exhibit 1, Tab 1)), the suggested land value was $145,500. In the applicant’s Grounds of Objection (attached to the respondent’s Statement of Facts filed 21 July 2023 (Exhibit 1, Tab 3)), the applicant contended that the land value of the Subject Land as at the Valuing Year was “around $1,000/m²” (which would equate to $151,900). During the hearing, the applicant contended that the land value was “around $50,000…” however, “could even be as low as $30,000”.

Background