Shuguang Wang v Valuer General

Land and Environment Court

New South Wales

Medium Neutral Citation:

Shuguang Wang v Valuer General [2021] NSWLEC 74

Hearing dates:

6-7 July 2021

Date of orders:

8 July 2021

Decision date:

08 July 2021

Jurisdiction:

Class 3

Before:

Pain J

Decision:

(1) Appeal No 21/2437 is dismissed.

(2) The land value of 62 Farnsworth Avenue Campbelltown for the 2019 valuation year is confirmed as $394,000.

(3) The exhibits are returned.

Catchwords:

VALUATION OF LAND – appeal against land valuation for 1 July 2019 year under s 6A(1) Valuation of Land Act 1916 – comparable sales approach of Valuer-General’s expert valuer correct – land valuations in earlier years irrelevant – comparison of sales of improved properties in real estate market with land values irrelevant – applicant’s novel approach not accepted – appeal dismissed

Legislation Cited:

Valuation of Land Act 1916 (NSW) ss 6A, 29, 34, 37, 40

Uniform Civil Procedure Rules 2005 (NSW) rr 31.23, 35.2

Cases Cited:

Peter Sleiman Property Investments Pty Ltd v Valuer-General of NSW (No 2) [2021] NSWLEC 47

Capuano v Roads and Maritime Services [2018] NSWLEC 59

Barratt v Valuer General [2015] NSWLEC 1141

McCathie v Federal Commissioner of Taxation (1944) 69 CLR 1

Gray v Valuer-General [2005] NSWLEC 513

Graham Trilby Pty Limited v Valuer-General [2008] NSWLEC 217

Category:

Principal judgment

Parties:

Shuguang Wang (Applicant)
Valuer General (Respondent)

Representation:

COUNSEL:
S Wang in person (Applicant)
L Johnston (Respondent)

SOLICITORS:
N/A (Applicant)
Crown Solicitor’s Office (Respondent)

File Number(s):

21/2437

Judgment

1. The Applicant Mr Shuguang Wang has commenced an appeal under s 37 of the Valuation of Land Act 1916 (NSW) (VL Act) against the determination of land value for the 1 July 2019 year for 62 Farnsworth Avenue Campbelltown by the Valuer-General (VG). The land value issued was $394,000. Mr Wang contends that the land value should be $236,137 or $337,000 or $350,000. Mr Wang represented himself.

Valuer-General’s statement of facts

2. The basic matters of fact concerning Mr Wang’s property are identified in the VG’s statement of facts. I do not understand any of these are disputed.

SITE AREA: 720.8m²

ZONING: R2 – Low Density Residential

PLANNING INSTRUMENT: Campbelltown Local Environmental Plan 2015

BASIS OF VALUATION: The land is to be valued having regard to section 6A(1) of the Valuation of Land Act 1916 (NSW) (“the Act”) and the assumptions in s. 6A(1) of the Act.

This section of the Act assumes the land to be vacant and the building improvements are notionally removed. Although the improvements are notionally removed, the permitted use of the land must be taken into account in determining the “highest and best use”.

It is considered that the highest and best use for the land is the existing residential use.

SUBJECT SITE: The subject property is zoned ‘R2 - Low Density Residential’ under Campbelltown Local Environmental Plan 2015.

It is considered that the highest and best use for the land is the existing residential use. This use is a permitted use under the Campbelltown Local Environmental Plan 2015. The following…