Warwick Farm Central Pty Ltd v Valuer General

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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Australian Jockey Club Act 1873 (NSW) (repealed)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State Environmental Planning Policy (Infrastructure) 2007 (repealed)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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Details
Case
[2024] NSWLEC 25
Decision Date

CaseChat Overview and Summary

The case of Warwick Farm Central Pty Ltd v Valuer General involved a dispute regarding the valuation of a property in Warwick Farm, New South Wales. The appellant, Warwick Farm Central Pty Ltd, challenged the decisions of the Valuer-General which disallowed their objections to the valuations of Lot 1 Governor Macquarie Drive for the years 2019, 2020, and 2021. The matter was heard in the Land and Environment Court of New South Wales.

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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