Black Cedar Investments Pty Ltd v Valuer General NSW

[2021] NSWLEC 1229

Land and Environment Court

New South Wales

Medium Neutral Citation:

Black Cedar Investments Pty Ltd v Valuer General NSW [2021] NSWLEC 1229

Hearing dates:

Conciliation Conference on 12 March 2021 and 12 April 2021

Date of orders:

5 May 2021

Decision date:

05 May 2021

Jurisdiction:

Class 1

Before:

Kempthorne AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) The Land Value of the land at 88-90 Mulgoa Road, Jamisontown (Lot 1 in Deposited Plan 785186) for the Valuing Year 1 July 2019 is determined at $7,490,000 in accordance with s 6A of the Valuation of Land Act 1916 and the Valuer-General is to make such alterations to the Register of Land Values as may be necessary to give effect to this order.

(3) Each party is to bear its own costs in relation to these proceedings.

Catchwords:

VALUATION OF LAND – objection to issued Land Value – conciliation conference – agreement between the parties – orders

Legislation Cited:

Land and Environment Court Act 1979 s 34

Valuation of Land Act 1916 ss 6A,14A, 34, 35B, 35C, 37

Category:

Principal judgment

Parties:

Black Cedar Investments Pty Ltd (Applicant)
Valuer General of New South Wales (Respondent)

Representation:

Counsel:
A Seton (Solicitor) (Applicant)
R White (Solicitor) (Respondent)

Solicitors:
Marsdens Law Group (Applicant)
Crown Solicitors Office NSW (Respondent)

File Number(s):

2020/309997

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This Class 3 application arises from the disallowed objection and subsequent appeal by the Applicant pursuant to s 37 of the Valuation of Land Act 1916 (Valuation Act) in respect of the Land Value for the Valuing Year 1 July 2019 of 88-90 Mulgoa Road, Jamisontown (Lot 1 in Deposited Plan 785186) (the Property).

Jurisdiction Pre-requisites

2. The Valuer General of New South Wales (VG) issued a Notice of Valuation for the Valuing Year 1 July 2019 in respect of the Property with a Land Value of $9,270,000 in accordance with s 14A of the Valuation Act.

3. The Applicant lodged an objection on 3 June 2020 to the issued Land Value pursuant to s 34 of the Valuation of the Act.

4. The VG disallowed the Applicant’s objection pursuant to s 35B and issued a Notice of Determination dated 2 September 2020 as required by s 35C of the Valuation Act to the Applicant.

5. The Applicant’s solicitor lodged an Appeal to the disallowance of the objection pursuant to s 37 of the Valuation Act in this Court on 29 October 2020.

6. The Land Value contended by the Applicant in its Appeal was $6,775,000.

7. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties on 12 March 2021 and 12 April 2021.

8. I presided over the conciliation conference.

s 34 Agreement

9. During the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties (being a decision that the Court could have made in the proper exercise of its functions).

10. The terms of decision agreed to by the parties are:

1. The appeal is upheld.

2. The Land Value of the land at 88-90 Mulgoa Road, Jamisontown (lot 1 in Deposited Plan 785186) for the Valuing Year 1 July 2019 is determined at $7,490,000 in accordance with s 6A of the Valuation of Land Act 1916 and the Valuer-General is to make such alterations to the Register of Land Values as may be necessary to give effect to this order.

3. Each party is to bear its own costs in relation to these proceedings.

11. 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) of the LEC Act.

12. 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.

Orders

13. The Court orders:

1. The appeal is upheld

2. The Land Value of the land at 88-90 Mulgoa Road, Jamisontown (lot 1 in Deposited Plan 785186) for the Valuing Year 1 July 2019 is determined at $7,490,000 in accordance with s 6A of the Valuation of Land Act 1916 and the Valuer-General is to make such alterations to the Register of Land Values as may be necessary to give effect to this order.

3. Each party is to bear its own costs in relation to these proceedings.

…………………………

P Kempthorne

Acting Commissioner of the Court

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