Liberty Constructions Pty Ltd ATF Tringas Family Trust v Valuer General of New South Wales

File Number(s): 2025/239575

Publication restriction: Nil

Judgment

1. COMMISSIONER: The Applicant appeals the Valuer General’s Determination dated 24 April 2025 pursuant to s 37(1) of the Valuation of Land Act 1916 (NSW) (Valuation Act) in respect of the valuation of the land value of the property legally described Lots 20-24 in Section G in Deposited Plan 1654, also known as Lots 20-24 Riverstone Parade, Vineyard NSW 2765 (Land).

2. The proceedings fall within Class 3 of the Court’s jurisdiction pursuant to s 19(b) of the Land and Environment Court Act 1979 (NSW) (LEC Act).

3. The statutory power or function to be exercised in determining the proceedings are s 34(3)(a) of the LEC Act and s 40(1)(b) of the Valuation Act.

4. The Applicant appeals the determination of the Valuer General made on 24 April 2025 in respect of the objection made by the Applicant to the and value of the land as of 1 July 2023.

Planning Background and Site Features

2. Relevant features of the land are as follows:

3. The land comprises a corner parcel and has a primary frontage to Riverstone Parade, a bitumen sealed road. The land has a secondary frontage to Ashford Road which is not sealed. The land is generally level and with moderate to dense vegetation cover to the majority of the parcel.

4. The land area of the Subject Land is 2,909m2 in accordance with Deposited Plan 1654.

5. The land forms part of a paper lot subdivision known as the Riverstone Scheduled Lands.

6. The Land does not have urban services with the closest water connection service situated approximately 30m from the Land. Electricity and telephone appear to be readily available for connection with power poles located on the opposite side of Riverstone Parade.

7. As at 1 July 2023, the Subject Land was zoned B1 – Neighbourhood Centre under the State Environmental Planning Policy (Precincts-Central River City) 2021 (the SEPP).

8. The Height of Buildings Control of the Subject Land pursuant to cl 4.3, Appendix 7, Alex Avenue and Riverstone Precinct of the SEPP is 17m.

9. The Floor Space Ratio of the Subject Land pursuant to cl 4.4, Appendix 7, Alex Avenue and Riverstone Precinct the SEPP is 2.75:1.

Valuation objections and appeal

3. The valuation objection and history of the appeal includes:

4. On 14 January 2025, the Chief Commissioner of State Revenue issued a Land Tax Assessment Notice to the Applicant. The Respondent's valuation notice pursuant to s 29 of the Valuation Act was contained within that assessment in relation to the 2023 valuation year. The issued land value was $2,140,000.

5. On 4 February 2025, the Applicant lodged an objection to the determination pursuant to s 29(3A) of the Valuation Act.

6. On 24 April 2025, the Valuer General issued a Notice of Determination to the Applicant pursuant to s 35C of the Valuation Act disallowing the objection.

7. On 23 June 2025, the Applicant lodged an appeal pursuant to s 37(1) of the Valuation Act in respect of the 2023 valuing year in this Court. The Applicant sought a valuation of the Land to be determined by the Court.

8. The Land Value contended by the Respondent in the appeal was the issued Land Value of $2,140,000.

Legislation — Valuation of Land Act 1916

4. Section 6A of the Valuation Act provides as follows:

6A Land value

(1) The land value of land is the capital sum which the fee-simple of the land might be expected to realise if offered for sale on such reasonable terms and conditions as a bona-fide seller would require, assuming that the improvements, if any, thereon or appertaining thereto, other than land improvements, and made or acquired by the owner or the owner’s predecessor in title had not been made.

(2) Notwithstanding anything in subsection (1), in determining the land value of any land it shall be assumed that—

(a) the land may be used, or may continue to be used, for any purpose for which it was being used, or for which it could be used, at the date to which the valuation relates, and

(b) such improvements may be continued or made on the land as may be required in order to enable the land to continue to be so used,

but nothing in this subsection prevents regard being had, in determining that value, to any other purpose for which the land may be used on the assumption that the improvements, if any, other than land improvements, referred to in subsection (1) had not been made.

(3) Notwithstanding anything in subsection (1), in determining the land value of any land, being land in relation to which, at the date to which the valuation relates, there was a water right—

(a) the land value shall include the value of the right, and

(b) it shall be assumed that the right shall continue to apply in relation to the land.

(4) For the purpose of determining the value of a water right, the value of any water secured by, or referable to, that right is to be ignored.

5. Further, Pt 4, ss 37-40 of the Valuation Act states:

Part 4 Appeals to Land and Environment Court

Division 1 Appeals

37 Right of appeal

(1) Any person entitled under Part 3 to object to a valuation may appeal to the Land and Environment Court if the person is dissatisfied with the Valuer-General’s determination of any such objection to the valuation concerned (whether or not the person was the objector).

(2) An appeal may not be made on the ground that the objection is taken to have been disallowed, as referred to in section 35C (4), unless written notice of the objector’s intention to appeal on that ground has been given to the Valuer-General at least 14 days before the appeal is made.

(3) No person or body has jurisdiction or power to conduct a review or hear an appeal in respect of the determination of an objection except as provided by this Part.

38 Time for appeal

(1) An appeal must be made not later than 60 days after the date of issue of the notice of the Valuer-General’s determination of the objection.

(2) The Land and Environment Court may allow a person to appeal after the 60-day period.

39 Grounds of appeal

The appellant’s and respondent’s cases on an appeal are not limited to the grounds of the objection.

40 Powers of Land and Environment Court on appeal

(1) On an appeal, the Land and Environment Court may do any one or more of the following—

(a) confirm or revoke the decision to which the appeal relates,

(b) make a decision in place of the decision to which the appeal relates,

(c) remit the matter to the Valuer-General for determination in accordance with the Court’s finding or decision.

(2) On an appeal, the appellant has the onus of proving the appellant’s case.

6. The Court arranged a conciliation conference under s 34(1) of the LEC Act between the parties, which was held on 18 February 2026. I presided over the conciliation conference.

7. The conciliation conference was adjourned to 9 March 2026.

8. During the adjourned conciliation conference of 9 March 2026, the parties advised they had reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved determining the value of the Land pursuant to s 6A of the Valuation Act and making a decision in place of the decision to which the appeals relate in relation to the 2023 valuing year pursuant to s 40(1) of the Valuation Act.

9. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 40(1) of the Valuation Act to “make a decision in place of the decision to which the appeal relates” in relation to the land value of the land as of 1 July 2023.

10. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified that the proceedings fall within Class 3 of the Court’s jurisdiction pursuant to s 19(b) of the LEC Act and explained how the jurisdictional prerequisites have been met:

11. On 14 January 2025, the Chief Commissioner of State Revenue issued a Land Tax Assessment Notice to the Applicant. The Respondent's valuation notice pursuant to s 29 of the Valuation Act was contained within that assessment in relation to the 2023 valuation year. The issued land value was $2,140,000.

12. On 4 February 2025, the Applicant lodged an objection to the determination pursuant to s 29(3A) of the Valuation Act. The objection, made pursuant to s 29(3A) of the Valuation Act, was within the 60-day period prescribed by s 35 of the Valuation Act. There have not been any prior objections in respect of the subject land for the 2023 valuing year (satisfying s35AA of the Valuation Act).

13. On 24 April 2025, the Valuer General issued a Notice of Determination to the Applicant pursuant to s 35C of the Valuation Act disallowing the objection.

14. On 23 June 2025, the Applicant lodged an appeal pursuant to s 37(1) of the Valuation Act in respect of 2023 valuing year in this Court. That appeal was within the 60-day period prescribed by s 38(1) of the Valuation Act.

15. On 18 February 2026, a conciliation conference commenced under s 34(1) of the LEC Act, I presided over the conference. The conciliation conference was adjourned on the same date to allow the parties’ valuers to make further investigations. The conciliation conference resumed on 9 March 2026.

16. During the conciliation, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that is acceptable to the parties.

17. The agreement reached between the parties to resolve the proceedings complies with s 40(1)(b) of the Valuation Act, and accordingly the Land and Environment Court has the jurisdiction and power to make the orders as agreed by the parties.

18. For the reasons set out above, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3)(a)-(b) of the LEC Act for the disposal of proceedings in accordance with the parties’ decision.

19. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

Notation

13. The Court notes:

14. Each party is to bear its own costs in relation to the proceedings.

Orders

14. The Court orders:

15. The appeal in proceedings 2025/239575 is upheld.

16. Pursuant to s 40(1)(b) of the Valuation of Land Act 1916, the land value for Lots 20-24 in Section G in Deposited Plan 1654, known as Lots 20-24 Riverstone Parade, Vineyard NSW 2765 is determined to be $1,900,000 as at 1 July 2023.

Michael Davidson

Acting Commissioner of the Court

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