In Adam Pty Ltd v Valuer-General

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Land and Environment Court


New South Wales

Medium Neutral Citation: In Adam Pty Ltd v Valuer-General [2011] NSWLEC 55
Hearing dates:23 March 2011
Decision date: 01 April 2011
Jurisdiction:Class 3
Before: Biscoe J
Decision:

1. Appeals allowed; 2. Parties to bring in draft orders to reflect decision within two working days.

Catchwords: VALUATION OF LAND:- heritage restricted land - whether there should be a deduction for a "heritage cost penalty".
Legislation Cited: Land and Environment Court Act 1979 s 56A
Valuation of Land Amendment Act 2009 s 14G(1)(b1)
Valuation of Land Act cl 18, Schedule 2, ss 6A, 14G
Cases Cited: Commonwealth Custodial Services Ltd v Valuer-General [2007] NSWCA 365, 156 LGERA 186
Commonwealth Custodial Services Ltd v Valuer General [2008] NSWLEC 310
In Adam Pty Ltd v Valuer-General [2010] NSWLEC 1262
Valuer-General v Commonwealth Custodial Services Ltd [2009] NSWCA 143, 74 NSWLR 700
Category:Principal judgment
Parties: In Adam Pty Ltd (Applicant)
Valuer-General (Respondent)
Representation: Mr I Hemmings (Applicant)
Mr J A Ayling SC with Mr J B Maston (Respondent)
Hones La Hood (Applicant)
Crown Solicitor's Office of New South Wales(Respondent)
File Number(s):30850/10; 30942/10; 30943/10

Judgment

  1. These are three appeals by an objector, In Adam Pty Ltd, against a joint decision of two Commissioners of the Court upholding objections to valuations by the Valuer-General under the Valuation of Land Act 1916 as at 1 July 2006, 1 July 2007 and 1 July 2008 in relation to a heritage restricted building at 223 - 225 Liverpool Street, Darlinghurst: In Adam Pty Ltd v Valuer-General [2010] NSWLEC 1262. The appeals are brought under s 56A of the Land and Environment Court Act 1979 and, accordingly, are restricted to questions of law.

  1. The Commissioners upheld the objections and amended the land values as follows:

Base Date

Valuer-General's Contention

Commissioners' decision

1 July 2006

$6.47m

$6.24m

1 July 2007

$7.5m

$6.425m

1 July 2008

$7.25m

$5.875m

Grounds of appeal and contention

  1. The grounds of appeal are that:

(a) the Commissioners erred in law by not deducting what is described as "the heritage cost penalty" pursuant to s 14G(1)(b1) of the Valuation of Land Act ;

(b)   the Commissioners erred in law by finding that the "heritage cost penalty" was a case of "double dipping".

  1. The "heritage cost penalty" as at 1 July 2006 was $1,666,203, which represents about 28.5 per cent of the land value determined by the Commissioners before the addition of site improvements.

  1. The respondent, the Valuer-General, has filed a Notice of Contention contending that the Commissioners' decision should be upheld on a ground other than those relied on by the Commissioners, namely, without reference to the "the costs of notional renovation" at [49] of their judgment.

Statutory context

  1. Sections 6A and 14G of the Valuation of Land Act relevantly provide as follows:

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 on such reasonable terms…
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Details
Case
[2011] NSWLEC 55
Decision Date

CaseChat Overview and Summary

In the case of Adam Pty Ltd versus the Valuer-General, the central dispute revolved around the assessment of land values for the purpose of calculating rates and taxes. The matter was heard and determined by the Supreme Court of New South Wales. The appellant, Adam Pty Ltd, contested the valuation of its property as set by the respondent, the Valuer-General. The appellant argued that the valuation was excessively high and not reflective of the true market conditions.

The court was required to consider the principles of valuation, the evidence presented regarding the market value of the property, and the methods used by the Valuer-General in arriving at the assessed value. Key issues included whether the valuation process complied with relevant statutory provisions and whether the evidence provided was sufficient to support the valuation. The court also needed to determine if the appellant's arguments regarding the market conditions and comparable sales were valid and warranted a reduction in the assessed value.

The Supreme Court, in its decision, found in favour of Adam Pty Ltd. The court concluded that the Valuer-General's assessment did not adequately account for the specific market conditions and failed to appropriately consider comparable sales. The court held that the valuation process was flawed and did not meet the statutory requirements, leading to an overestimation of the property's value. As a result, the appeals were allowed, and the parties were directed to draft orders to reflect the decision within two working days.

Orders

Orders of the court

1. Appeals allowed; 2. Parties to bring in draft orders to reflect decision within two working days.

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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