Reported Decision: Notice of Appeal filed 18/01/2008
159 LGERA 29
Land and Environment Court
of New South Wales
CITATION: Krisgay Pty Limited v The Valuer-General [2007] NSWLEC 600
This decision has been amended. Please see the end of the judgment for a list of the amendments.PARTIES: APPLICANT:
RESPONDENT:
Krisgay Pty Limited
ACN 003 519 417
Valuer GeneralFILE NUMBER(S): 30412 of 2006 CORAM: Biscoe J KEY ISSUES: Valuation of Land :- construction of definition of “heritage valuation” in s 123 Heritage Act 1977 (NSW) – method of assessing heritage valuation – method of assessing land value – method of assessing heritage allowance LEGISLATION CITED: Heritage Act 1977 ss 123, 124, 125, 126, 127
Valuation of Land Act 1916 ss 6A, 14G, 34(1)(a), 37, 40(2)CASES CITED: AMP Henderson Global Investors v Valuer-General (2004) 134 LGERA 426;
Australian Mutual Provident Society v Overseas Telecommunications Commission Australia [1972] 2 NSWLR 806;
Commissioner for ACT Revenue v Rosnet Pty Ltd (1994) 83 LGERA 440;
Commonwealth Custodial Services Ltd v Valuer-General of New South Wales [2006] NSWLEC 775;
Commonwealth Custodial Services Pty Ltd v Valuer-General (NSW) (2006) 148 LGERA 38;
James v Valuer-General (1942) 15 LGR (NSW) 110;
Maurici v Chief Commissioner of State Revenue (2003) 212 CLR 111;
McCathie v Federal Commissioner of Taxation (1944) 69 CLR 1;
Myer (SA) Stores Ltd v Valuer-General (1986) 60 LGRA 158;
Toohey’s Ltd v Valuer-General [1925] AC 439;
Trust Company of Australia Ltd v Valuer General [2007] NSWCA 181;
Valuer-General v Fenton Nominees Pty Ltd (1982) 150 CLR 160DATES OF HEARING: 3, 4 and 16 July 2007
DATE OF JUDGMENT:
21 September 2007LEGAL REPRESENTATIVES: APPLICANT:
Mr J J Webster SC and Mr I J Hemmings, barrister
SOLICITORS:
Leitch Hasson Dent
RESPONDENT:
Mr J B Maston, barrister
SOLICITORS:
Crown Solicitors Office
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
BISCOE J
21 September 2007
30412 of 2006
JUDGMENTKRISGAY PTY LIMITED v THE VALUER GENERAL
introduction
1 HIS HONOUR: The main issue in this appeal is the proper construction of the definition of “heritage valuation” in s 123 of the Heritage Act 1977 (NSW). The appeal is against the Valuer-General’s assessment of the land value and the heritage valuation at the base date of 1 July 2003 in relation to land at 240 Princes Highway known as the Bulli Heritage Hotel.
2 The property was listed on the State Heritage Register. Consequently, Part 6 Division 6 of the Heritage Act applied which required the Valuer-General to make or cause to be made a heritage valuation.
3 The statutory valuations for the base date originally issued by the Valuer-General assigned a “land value”, as defined in s 6A of the Valuation of Land Act1916 (V of L Act), of $1,030,000; and a “heritage valuation”, as defined in s 123 of the Heritage Act, of $930,000. The applicant objected on the ground specified in s 34(1)(a) of…
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