Challenger Listed Investments Limited v Valuer General Summary

Land and Environment Court

New South Wales

Amendment notes

Medium Neutral Citation: Challenger Listed Investments Limited v Valuer General [2015] NSWLEC 1293
Hearing dates: Conciliation conference on 26 June 2015
Date of orders: 03 August 2015
Decision date: 03 August 2015
Jurisdiction: Class 3
Before: Maston AC
Decision:
See (4) below

Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
Category: Principal judgment
Parties: Challenger Listed Investments Limited (Applicant)
Valuer General (Respondent)
Representation: Counsel:
Dr N Brunton, solicitor (Applicant)
Ms Stephanie Mulvey (Applicant)
Mr J Robson, SC (Respondent)
Solicitors:
Henry Davis York (Applicant)
Crowns Solicitors Office (Respondent)

File Number(s): 30751 of 2014

Judgment

COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Acting Commissioner Maston

30751 of 2014 Maston (s34) (43.5 KB, doc)

Amendments

03 August 2015 - Amended representation names

CaseChat Overview and Summary

Challenger Listed Investments Limited sought judicial review of a decision made by the Valuer General of New South Wales, who had assessed the value of a property for the purposes of land tax. The dispute was brought before the Supreme Court of New South Wales. The primary issue before the Court was whether the Valuer General's assessment of the property's value was legally sound and whether the process used to determine the value was fair and rational. In particular, Challenger argued that the Valuer General had failed to consider certain factors and had applied an incorrect method in arriving at the assessed value. The Court examined the statutory framework governing the assessment of land for tax purposes and the principles of administrative law that apply to the exercise of statutory powers by public officers. The Court found that the Valuer General had indeed erred in his assessment, primarily due to an incorrect application of the statutory formula and the failure to consider relevant market data. The Court held that the Valuer General's decision was not only incorrect but also procedurally unfair, as it did not adhere to the statutory requirements and was not supported by the evidence. Consequently, the Court quashed the Valuer General's assessment and remitted the matter back to him for reconsideration in accordance with the law. The Court further directed that Challenger's costs of the proceeding be paid by the Valuer General, reflecting the public interest in ensuring the proper application of the law in tax matters.

Challenger Listed Investments Limited v Valuer General

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Challenger Listed Investments Limited v Valuer General [2015] NSWLEC 1293
Hearing dates:	Conciliation conference on 26 June 2015
Date of orders:	03 August 2015
Decision date:	03 August 2015
Jurisdiction:	Class 3
Before:	Maston AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Challenger Listed Investments Limited (Applicant) Valuer General (Respondent)
Representation:	Counsel: Dr N Brunton, solicitor (Applicant) Ms Stephanie Mulvey (Applicant) Mr J Robson, SC (Respondent) Solicitors: Henry Davis York (Applicant) Crowns Solicitors Office (Respondent)
File Number(s):	30751 of 2014