Peter John Earl v Valuer General

[2003] NSWLEC 326

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Land and Environment Court

of New South Wales

CITATION:	Peter John Earl v Valuer General [2003] NSWLEC 326
PARTIES:	APPLICANT Peter John Earl RESPONDENT Valuer General
FILE NUMBER(S):	30836 of 2003
CORAM:	Hussey C
KEY ISSUES:	Valuation of Land :-
LEGISLATION CITED:	Valuation of Land Act 1916
CASES CITED:
DATES OF HEARING:	31 October 2003
EX TEMPORE JUDGMENT DATE :	10/31/2003
LEGAL REPRESENTATIVES:	APPLICANT Mr F Santisi SOLICITORS Palony & Partners RESPONDENT Mr J Whyte Instructed by Crown Solicitors

JUDGMENT:

IN THE LAND AND

ENVIRONMENT COURT

OF NEW SOUTH WALES

30836 of 2003

Hussey C

2 December 2003

Peter John Earl

Applicant
v

Valuer General

Respondent

Judgment

1 I am going to complete the matter now and I will not repeat what I said before we just had that last submission, because I want to give the applicant every opportunity to present their case today but there has just been problems and I think that those problems are not sufficient to adjourn the matter any further, because looking at the timetable on the Court file there has been adequate opportunity to present a reasonable case that could have been dealt with and fairly assessed.

2 As it turns out, I have the report of Mr Hood, who is a registered valuer. There is no expert challenge to his report and his report seems to follow reasonable methodology accepted in the valuation of properties whereby he compares other comparative sales in the area and he subdivided the area into the clear grazing land, the undulating land and the hilly land and he seems, in my opinion, to have done a fair assessment of that. He confirms the VG valuation is not too high and as I said, in the absence of any challenge, I accept that evidence.

3 On that basis then the Court’s order is:

1. That the appeal is dismissed.
2. The exhibits remain on the Court’s file.

__________________
R Hussey
Commissioner of the Court
rjs