Land and Environment Court
New South Wales
Medium Neutral Citation: Warwick Farm Central Pty Ltd v Valuer General [2024] NSWLEC 25 Hearing dates: 23 to 27 October 2023 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Class 3 Before: Pritchard J Decision: In proceedings 2022/256791, 2022/256815 and 2022/256816:
(1) The appeal is upheld.
(2) The Valuer-General’s decision dated 30 June 2022 disallowing the appellant’s objection to the Valuer-General’s valuation of Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2019 is revoked.
(3) The Valuer-General’s decision dated 30 June 2022 disallowing the appellant’s objection to the Valuer-General’s valuation of Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2020 is revoked.
(4) The Valuer-General’s decision dated 30 June 2022 disallowing the appellant’s objection to the Valuer-General’s valuation of Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive Warwick Farm, NSW for the valuing year 1 July 2021 is revoked.
(5) The value of the land being Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2019 is $18,312,500.
(6) The value of the land being Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2020 is $18,312,500.
(7) The value of the land being Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2021 is $22,890,625.
Catchwords: VALUATION OF LAND – appeals against land valuations by Valuer-General – s 6A(1) of Valuation of Land Act 1916 (NSW) – limited relevant comparable sales
Legislation Cited: Australian Jockey Club Act 1873 (NSW) (repealed)
Sydney Water Act 1994 (NSW) s 44
Valuation of Land Act 1916 (NSW) ss 4, 6A, 35C, 37, 40
Liverpool Development Control Plan 2008
Liverpool Local Environmental Plan 2008
Standard Instrument (Local Environmental Plans) Amendment (Land Use Zones) Order 2021
State Environmental Planning Policy (Housing) 2021
State Environmental Planning Policy (Infrastructure) 2007 (repealed)
Cases Cited: Adams v Valuer General [2014] NSWLEC 1005
Almona Pty Ltd v Roads and Traffic Authority of New South Wales (2008) 160 LGERA 375; [2008] NSWLEC 112
Anastasios Prilis v Valuer-General [2022] NSWLEC 11
Benfer v Chief Executive, Department of Lands (Land Court of Qld, 29 Oct 1993, unrep)
Bingham v Cumberland County Council (1954) 20 LGR (NSW) 1
Bosnakis v Valuer-General (2017) 228 LGERA 320 [2017] SASC 158
Brisbane City Council v The Valuer-General for the State of Queensland (1978) 140 CLR 41; [1978] HCA 40
Caltex Oil (Australia) Pty Ltd v Chief Executive, Department of Lands (1996-1997) 16 QLCR 435
CFS Managed Property Limited v Valuer-General (2016) 215 LGERA 226; [2016] NSWLEC 2
CommonwealthCustodial Services Ltd (as Trustee for Burwood Trust Fund) v Valuer-General (NSW); Trust Company of AustraliaLtdvValuer-General(NSW) (2006) 148 LGERA 38; [2006]…
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- Case
- [2024] NSWLEC 25
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether the Valuer-General's valuation of the property for the specified years was correct and whether the appellant's objections to those valuations were appropriately considered. The appellant argued that the valuations did not accurately reflect the market value of the property due to various factors including the economic environment and the unique attributes of the property. The Valuer-General, on the other hand, defended the valuations as being based on reliable data and standard valuation practices.
In its decision, the court found that the Valuer-General's decisions did not adequately consider the evidence and arguments presented by the appellant. The court determined that the valuations were not sufficiently justified and did not reflect the true market value of the property. As a result, the court upheld the appeal, revoked the Valuer-General's decisions, and set the values of the property at $18,312,500 for 2019 and 2020, and $22,890,625 for 2021. These values were based on the evidence provided by the appellant and the court’s assessment of the property’s market value.
Orders
Orders of the court
In proceedings 2022/256791, 2022/256815 and 2022/256816:
(1) The appeal is upheld.
(2) The Valuer-General’s decision dated 30 June 2022 disallowing the appellant’s objection to the Valuer-General’s valuation of Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2019 is revoked.
(3) The Valuer-General’s decision dated 30 June 2022 disallowing the appellant’s objection to the Valuer-General’s valuation of Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2020 is revoked.
(4) The Valuer-General’s decision dated 30 June 2022 disallowing the appellant’s objection to the Valuer-General’s valuation of Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive Warwick Farm, NSW for the valuing year 1 July 2021 is revoked.
(5) The value of the land being Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2019 is $18,312,500.
(6) The value of the land being Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2020 is $18,312,500.
(7) The value of the land being Lot 1 in Deposited Plan 1162776, Lot 1 Governor Macquarie Drive, Warwick Farm, NSW for the valuing year 1 July 2021 is $22,890,625.
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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