Gee v Valuer General

Land and Environment Court

New South Wales

Medium Neutral Citation:	Gee v Valuer General [2011] NSWLEC 1160
Hearing dates:	6 April 2011
Decision date:	30 June 2011
Jurisdiction:	Class 3
Before:	Pearson C
Decision:	Appeal dismissed
Catchwords:	Valuation of land - Appeal from Valuer General's land value assessment
Legislation Cited:	Valuation of Land Act 1916
Cases Cited:	Holcim (Australia) Pty Ltd v Valuer General [2009] NSWLEC 225 Tomago Aluminium Company Pty Ltd v Valuer General [2010] NSWLEC 4
Category:	Principal judgment
Parties:	Andrew Gee (Applicant) Valuer General (Respondent)
Representation:	Counsel Mr M Hall (Respondent) Solicitors Mr A Gee (Applicant in person) Crown Solicitors Office (Respondent)
File Number(s):	30651 of 2010

Judgment

1. This is an appeal under s37(1) of the Valuation of Land Act 1916 (the Act) against the land value assessed by the Valuer General in respect of the property owned by the applicant at 61 Coolawin Road Northbridge, being Lot 12 DP 13776 (the subject property).

1. The land value of the subject property at 1 July 2009 (the base date) was assessed by the respondent at $3,890,000. The applicant objected to the assessment and estimated the land value at $2,600,000. The respondent disallowed the objection.

1. The applicant provided a written statement in support of his proposed valuation of $3,150,000, which he based on the land value assessed by the respondent as at 2006 ($3,300,000) and 2007 ($3,740,000), together with a fall in value of between 10-15 percent since he purchased the property based on the fall in values in Northbridge generally; the sale of 73 Coolawin Road in April 2010; and the renovations done to the house since purchase. In submissions, the applicant submitted that based on the expert valuation evidence provided on his behalf, the land value as at the base date was $3,300,000.

Statutory framework

1. The appeal is brought under s37(1) of the Act, which provides:

(1) Any person entitled under Part 3 to object to a valuation may appeal to the Land and Environment Court if the person is dissatisfied with the Valuer-General's determination of any such objection to the valuation concerned (whether or not the person was the objector).

1. Section 40 of the Act provides the Court's powers on appeal, and establishes that the applicant has the onus of proving his case on appeal:

40 Powers of Land and Environment Court on appeal

(1) 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 accordance with the Court's finding or decision.

(2) On an appeal, the appellant has the onus of proving the appellant's case.

1. "Land value" is relevantly defined in s6A of the Act:

6A Land value

(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…