Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225

Holcim (Australia) Pty Ltd v Valuer-General [2009] NSWLEC 225

The applicant did not discharge its onus of proving that the statutory assessments were too high. The statutory rates were within the supportable range derived from comparable sales for the northern developable area, the land's rare potential for direct mainline rail access warranted a premium of at least nine per cent, and the evidence did not establish that access costs justified attributing only nominal value to the southern portion.

Jurisdiction
Australia
Judgment Date
24 December 2009
Procedural Posture
Appeals Under S 37(1) of the Valuation of Land Act 1916 From the Valuer General's Land Value Assessments / Judgment After Hearing; Applications Dismissed
Outcome
Appeals dismissed.
Legal Topics
['land Value Assessments' 'industrial Land' 'comparable Sales Method' 'potential Rail Access' 'developable Land Area' 'onus of Proof on Valuation Appeal']
['valuation of Land' 'planning and Environment' 'administrative Law'] ['land Value Assessments' 'industrial Land' 'comparable Sales Method' 'potential Rail Access' 'developable Land Area' 'onus of Proof on Valuation Appeal']

Case Brief

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Procedural Posture

Appeals Under S 37(1) of the Valuation of Land Act 1916 From the Valuer General's Land Value Assessments / Judgment After Hearing; Applications Dismissed

Legal Issues

  1. 1 ["Whether the Valuer-General's statutory assessments of the land value of the applicant's vacant industrial land at the 1 July 2006 and 1 July 2007 base dates were too high." 'Whether the southern portion of the land should be attributed only nominal value because of access and development constraints.' "Whether the land's potential direct mainline rail access justified a premium in assessing land value." 'Whether the applicant discharged the onus of proving its case on appeal.']

Ratio Decidendi

The applicant did not discharge its onus of proving that the statutory assessments were too high. The statutory rates were within the supportable range derived from comparable sales for the northern developable area, the land's rare potential for direct mainline rail access warranted a premium of at least nine per cent, and the evidence did not establish that access costs justified attributing only nominal value to the southern portion.

Court Disposition

Appeals dismissed.

Orders

  • ['In matter No 31205 of 2008 the application is dismissed.' 'In matter No 31206 of 2008 the application is dismissed.' 'The exhibits may be returned.']