Kogarah Town Centre Pty Limited v Valuer General (No 3)

Land and Environment Court New South Wales Medium Neutral Citation: Kogarah Town Centre Pty Limited v Valuer General (No 3) [2014] NSWLEC 1124 Hearing dates:18 June 2014Decision date: 27 June 2014 Jurisdiction:Class 3Before: Moore SC and Brown C Decision: See (95) to (99) Catchwords: VALUATION OF LAND: onus on applicant; consequences of not discharging onus; power to alter value if onus not discharged Legislation Cited: Civil Procedure Act 2005 Valuation of Land Act 1916 Cases Cited: Kogarah Town Centre Pty Limited v Valuer General [2014] NSWLEC 1085 Kogarah Town Centre Pty Limited v Valuer General (No 2) [2014] NSWLEC 1107 Category:Principal judgmentParties: Kogarah Town Centre Pty Limited (Applicant) Valuer General (Respondent) Representation: Mr R White, barrister (Applicant) Mr T Hale SC Ms M Carpenter, barrister (Respondent) Gadens Lawyers (Applicant) Crown Solicitor's Office (Respondent) File Number(s):31133 of 2012 31134 of 2012 31135 of 2012 31136 of 2012 31137 of 2012 JudgmentCOMMISSIONERS: We have given two earlier judgments in these proceedings. The first judgment, Kogarah Town Centre Pty Limited v Valuer General [2014] NSWLEC 1085 (the primary judgment) set out our approach to and results of the undertaking of a conventional comparable sales valuation of one (Lot 1) of two allotments comprising the site of the present Kogarah Town Centre (the site). These allotments are adjacent to (Lot 1) and partially over (Lot 2) Kogarah railway station. The matters dealt with in the primary judgment are discussed in more detail below.The second judgment, Kogarah Town Centre Pty Limited v Valuer General (No...