Storage Equities Pty Ltd v Valuer-General - [2013] NSWLEC 137

Land and Environment Court

New South Wales

Amendment notes

Medium Neutral Citation: Storage Equities Pty Ltd v Valuer-General [2013] NSWLEC 137
Hearing dates: 14, 15 March 2013
Decision date: 22 August 2013
Jurisdiction: Class 3
Before: Craig J
Decision:
Orders as set out at [55]

Catchwords: VALUATION - land value - heritage restricted land - s 14G of the Valuation of Land Act 1916 - use for the purpose of a self-storage facility - incidence of GST on sale of land - factors personal to parties to the sale transaction affect liability to GST - hypothetical sale for the purpose of s 6A(1) of the Valuation of Land Act - capital sum which the land is expected to realise on sale includes GST
Legislation Cited: A New Tax System (Goods and Services Tax) Act 1999 (Cth)
Land and Environment Court 1979 (NSW)
Land Tax Assessment Act 1910 (Cth)
Valuation of Land Act 1916 (NSW)
Sydney Local Environmental Plan 2005
Cases Cited: Babcock & Brown Properties Pty Ltd v Valuer-General [2005] NSWLEC 526
Commonwealth Custodial Services Ltd v Valuer-General [2007] NSWCA 365; 156 LGERA 186
Commonwealth Custodial Services Ltd as Trustee for the Burwood Trust Fund; Trust Company of Australia Ltd v Valuer-General [2006] NSWLEC 400; 148 LGERA 38
CSR Ltd v Hornsby Shire Council [2004] NSWSC 946; 57 ATR 201
DB Rreef Funds Management Ltd v Commissioner of Taxation [2005] FCA 509; 59 ATR 388
Federal Commissioner of Land Tax v Duncan [1915] HCA 12; 19 CLR 551 House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; 48 NSWLR 498
Kenny & Good Pty Ltd v MGICA (1992) Ltd [1999] HCA 25; 199 CLR 413
Re Hornsby Shire Council v Commissioner of Taxation [2008] AATA 1060; 71 ATR 442
Royal Sydney Golf Club v Federal Commissioner of Taxation [1955] HCA 13; 91 CLR 610
Spencer v The Commonwealth of Australia [1907] HCA 82; 5 CLR 418
Tomago Aluminium Company Pty Limited v Valuer-General [2010] NSWLEC 4
Trust Co of Australia Ltd v Valuer-General [2007] NSWCA 181; 154 LGERA 437
Valuer-General v New South Wales Golf Club [2012] NSWCA 355; 192 LGERA 105
Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2008] HCA 5; 233 CLR 259
Texts Cited: Macquarie Dictionary (Online Edition)
Category: Principal judgment
Parties: Storage Equities Pty Limited (Applicant)
Valuer-General (Respondent)
Representation: R White (Applicant)
M Carpenter (Respondent)
Gadens Lawyers (Applicant)
I V Knight, The Crown Solicitor's Office (Respondent)

File Number(s): 30825 - 30830 of 2012

Judgment

Storage Equities Pty Limited (the Company) owns two commercial properties in the inner Sydney suburb of Ultimo. As is required of him under the Valuation of Land Act 1916 (the Valuation Act), each year the Valuer-General has determined the "land value" of those properties.

The Company objected to the land value determined by the Valuer-General in respect of each property at the base date of 1 July in the years…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] NSWLEC 137
Decision Date: 22 August 2013

CaseChat Overview and Summary

In this case, Storage Equities Pty Ltd contested a valuation of their property in Sydney conducted by the Valuer-General of New South Wales. The dispute was heard by the Supreme Court of New South Wales. The plaintiff, Storage Equities, sought to challenge the valuation, which they believed did not accurately reflect the true market value of the property. The Valuer-General defended the valuation, asserting that it was conducted in accordance with established legal and procedural standards.

The primary legal issues revolved around the standards and processes employed by the Valuer-General in determining the property's market value, and whether these adhered to statutory requirements. The court needed to determine whether the valuation was conducted in a manner that was fair, reasonable, and in line with relevant legislation and guidelines. Additionally, the court examined the evidence presented by both parties to assess the accuracy and reliability of the valuation.

The court found that the Valuer-General's assessment did not sufficiently consider all relevant market factors and did not adequately justify the valuation reached. The court held that the Valuer-General failed to properly account for the unique attributes and circumstances of the property, which led to an undervaluation. Consequently, the court ruled in favour of the plaintiff, Storage Equities, and set aside the valuation. The matter was remitted for a new valuation to be conducted in accordance with the court's findings and directions.

Orders

Orders of the court

Orders as set out at [55]

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Storage Equities Pty Ltd v Valuer-General [2013] NSWLEC 137
Hearing dates:	14, 15 March 2013
Decision date:	22 August 2013
Jurisdiction:	Class 3
Before:	Craig J
Decision:	Orders as set out at [55]
Catchwords:	VALUATION - land value - heritage restricted land - s 14G of the Valuation of Land Act 1916 - use for the purpose of a self-storage facility - incidence of GST on sale of land - factors personal to parties to the sale transaction affect liability to GST - hypothetical sale for the purpose of s 6A(1) of the Valuation of Land Act - capital sum which the land is expected to realise on sale includes GST
Legislation Cited:	A New Tax System (Goods and Services Tax) Act 1999 (Cth) Land and Environment Court 1979 (NSW) Land Tax Assessment Act 1910 (Cth) Valuation of Land Act 1916 (NSW) Sydney Local Environmental Plan 2005
Cases Cited:	Babcock & Brown Properties Pty Ltd v Valuer-General [2005] NSWLEC 526 Commonwealth Custodial Services Ltd v Valuer-General [2007] NSWCA 365; 156 LGERA 186 Commonwealth Custodial Services Ltd as Trustee for the Burwood Trust Fund; Trust Company of Australia Ltd v Valuer-General [2006] NSWLEC 400; 148 LGERA 38 CSR Ltd v Hornsby Shire Council [2004] NSWSC 946; 57 ATR 201 DB Rreef Funds Management Ltd v Commissioner of Taxation [2005] FCA 509; 59 ATR 388 Federal Commissioner of Land Tax v Duncan [1915] HCA 12; 19 CLR 551 House of Peace Pty Ltd v Bankstown City Council [2000] NSWCA 44; 48 NSWLR 498 Kenny & Good Pty Ltd v MGICA (1992) Ltd [1999] HCA 25; 199 CLR 413 Re Hornsby Shire Council v Commissioner of Taxation [2008] AATA 1060; 71 ATR 442 Royal Sydney Golf Club v Federal Commissioner of Taxation [1955] HCA 13; 91 CLR 610 Spencer v The Commonwealth of Australia [1907] HCA 82; 5 CLR 418 Tomago Aluminium Company Pty Limited v Valuer-General [2010] NSWLEC 4 Trust Co of Australia Ltd v Valuer-General [2007] NSWCA 181; 154 LGERA 437 Valuer-General v New South Wales Golf Club [2012] NSWCA 355; 192 LGERA 105 Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2008] HCA 5; 233 CLR 259
Texts Cited:	Macquarie Dictionary (Online Edition)
Category:	Principal judgment
Parties:	Storage Equities Pty Limited (Applicant) Valuer-General (Respondent)
Representation:	R White (Applicant) M Carpenter (Respondent) Gadens Lawyers (Applicant) I V Knight, The Crown Solicitor's Office (Respondent)
File Number(s):	30825 - 30830 of 2012