Holcim (Australia) Pty Ltd v Valuer-General

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Land and Environment Court


of New South Wales


CITATION: Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225
PARTIES:

APPLICANT:
Holcim (Australia) Pty Ltd

RESPONDENT:
Valuer-General
FILE NUMBER(S): 31205 of 2008; 31206 of 2008
CORAM: Biscoe J
KEY ISSUES: VALUATION OF LAND :- appeal from Valuer General's land value assessments - industrial land
LEGISLATION CITED: Blacktown Local Environment Plan 1988
Environmental Planning and Assessment Act 1979, s 75J, Part 3A
Valuation of Land Act 1916, ss 6A(1), 37(1), 40
CASES CITED: McKee v Valuer-General [1971] NZLR 436
DATES OF HEARING: 2 - 4 November 2009
 
DATE OF JUDGMENT: 

24 December 2009
LEGAL REPRESENTATIVES: APPLICANT:
Mr G. Colman
SOLICITORS:
DibbsBarker


RESPONDENT:
Mr J. Maston
SOLICITORS:
Crown Solicitor's Office (NSW)


JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      BISCOE J

      24 December 2009

      31205 and 31206 of 2008

      HOLCIM (AUSTRALIA) PTY LTD v VALUER-GENERAL

      JUDGMENT

1 HIS HONOUR: These are two appeals by Holcim (Australia) Pty Ltd against the Valuer-General’s assessments of the land value of its vacant industrial land at 21 Kellogg Road, Rooty Hill, being Lot 5 in DP 255515 (Land). The statutory assessments were $17,500,000 (representing $190/m2 x 91,944 m2 of developable land) and $18,800,000 ($204/m2 x 91,944 m2) at the respective base dates of 1 July 2006 and 1 July 2007.

2 The applicant submits, based on its valuation evidence, that:

      (a) the 2006 land value should be assessed at $12,800,900 ($175/m 2 x 73,148m 2 ) for the northern portion of the Land plus a nominal sum of $40,000 for the southern portion;
      (b) the 2007 land value should be assessed at $14,629,600 ($200/m 2 x 73,148m 2 ) for the northern portion of the Land plus a nominal sum of $50,000 for the southern portion;

3 The Valuer-General submits, based on valuation evidence, that the land values were, respectively, $20,225,000 ($220/m2 x 91,944m2) and $21,235,000 ($231/m2 x 91,944m2). Although they are higher than the statutory assessments, the Valuer-General does not submit that the statutory assessments should be increased.


4 The appeals are brought under s 37(1) of the Valuation of Land Act 1916, which provides that:

          “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).”

5 Section 40 states the power of the Court on appeal and places the onus of proof on the appellant:

          “(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…
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Details
Case
[2009] NSWLEC 225
Decision Date

CaseChat Overview and Summary

Holcim (Australia) Pty Ltd initiated appeals against the Valuer-General's assessments of the land value of its vacant industrial land at Rooty Hill, New South Wales. The statutory assessments were $17,500,000 for 1 July 2006 and $18,800,000 for 1 July 2007. The applicant argued that the values should be $12,840,900 and $14,679,600 respectively. The Valuer-General maintained that the values should be $20,225,000 and $21,235,000 but did not argue for an increase in the statutory assessments. The key issues were the valuation of the land, particularly considering the potential for direct mainline rail access and the appropriate adjustments for differences between the subject property and comparable sales. The Land and Environment Court considered the evidence and arguments from both parties, focusing on the comparability of the sales and the adjustments made by the valuers. The Court found that the statutory assessments were within the supportable range and that the applicant had not discharged its onus of proof. The appeals were dismissed, and the statutory valuations were upheld. The Court ordered that the exhibits be returned and that the application be dismissed in both matters.

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