Fowler v Valuer General - [2015] NSWLEC 133

Land and Environment Court

New South Wales

Medium Neutral Citation: Fowler v Valuer General [2015] NSWLEC 133
Hearing dates: 14 August 2015
Date of orders: 14 August 2015
Decision date: 14 August 2015
Jurisdiction: Class 3
Before: Craig J
Decision:
(1) Pursuant to s 38(2) of the Valuation of Land Act 1916 (NSW) the applicant is allowed to appeal after the 60 day period for making the appeal provided in s 38(1) of that Act.
(2) The time for filing an appeal is extended to 26 June 2015 being the date on which the applicant’s Class 3 appeal was filed, and being the application which should be treated as having instituted the appeal in these proceedings.
(3) Grant leave for the parties to approach the Registrar today for the purpose of obtaining a date for a conciliation conference before a Commissioner of the Court pursuant to s 34 of the Land and Environment Court Act 1979 (NSW).

Catchwords: PRACTICE AND PROCEDURE – application to extend time for commencement of appeal – s 38(2) Valuation of Land Act 1916 (NSW) – reasons for delay – no prejudice claimed – extension of time granted.
Legislation Cited: Land and Environment Court Act 1979 (NSW)
Valuation of Land Act 1916 (NSW)
Cases Cited: Jassls Pty Ltd v Valuer General [2006] NSWLEC 59
Category: Procedural and other rulings
Parties: Julian Fowler (Applicant)
Valuer General (Respondent)
Representation:
Counsel:
In person (Applicant)
Mr R Ghanem, solicitor (Respondent)
Solicitors:
Unrepresented (Applicant)
Crown Solicitors Office (Respondent)

File Number(s): 30559 of 2015

EX TEMPORE Judgment

Julian Fowler appeals to this Court pursuant to s 37 of the Valuation of Land Act 1916 (NSW) (the Valuation Act) from the determination by the Valuer General of Mr Fowler’s objection to the land value determined for the land known as 1 Silcock Street, Pottery Estate, Lithgow (the Property). The Notice of the Valuer General’s determination of Mr Fowler’s objection was given to him on 9 December 2014. Mr Fowler’s appeal to this Court was not filed until 26 June 2015.
Under the provisions of s 38 of the Valuation Act, 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. Applying that provision to the present circumstances, Mr Fowler’s appeal was required to have been commenced on or before 7 February 2015. As his appeal was not commenced by that date, Mr Fowler seeks to have the Court exercise its discretion to extend time for the commencement of his appeal conformably with s 38(2) of the Valuation Act. His application in this regard is neither supported nor opposed by the Valuer General.
The discretion available to the Court under s 38(2) is one to be exercised in a principled manner. The principles relevant to be considered when called upon to undertake this exercise have been the subject of a number of judgments in this Court, in particular reflected in the decision of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] NSWLEC 133
Decision Date: 14 August 2015

CaseChat Overview and Summary

The case of Fowler v Valuer General involves the applicant, Fowler, and the Valuer General, who is the respondent in this matter. The dispute pertains to a valuation of land situated in New South Wales, which Fowler contests. The case was heard in the Land and Environment Court of New South Wales. Fowler sought to appeal a decision made by the Valuer General regarding the valuation of his property. The primary legal issue the court had to address was whether Fowler was entitled to an extension of time to lodge his appeal beyond the statutory 60-day period stipulated by section 38(1) of the Valuation of Land Act 1916 (NSW). The court also needed to determine if the applicant's subsequent Class 3 appeal could be treated as the initiation of the appeal in these proceedings.

The court examined the circumstances surrounding the delay in filing the appeal and the reasons provided by Fowler. The court considered the provisions of section 38(2) of the Valuation of Land Act 1916 (NSW), which allows for an extension of time in cases of special circumstances. The court found that Fowler had presented a valid case for an extension of time, considering the specific facts of the case. Additionally, the court concluded that the Class 3 appeal filed by Fowler on 26 June 2015 should be treated as the commencement of the appeal in these proceedings. The court allowed Fowler to appeal beyond the 60-day period and extended the time for filing the appeal to the date of the Class 3 appeal. Furthermore, the court granted leave for the parties to arrange a conciliation conference to attempt to resolve the dispute amicably.

Orders

Orders of the court

(1) Pursuant to s 38(2) of the Valuation of Land Act 1916 (NSW) the applicant is allowed to appeal after the 60 day period for making the appeal provided in s 38(1) of that Act.

(2) The time for filing an appeal is extended to 26 June 2015 being the date on which the applicant’s Class 3 appeal was filed, and being the application which should be treated as having instituted the appeal in these proceedings.

(3) Grant leave for the parties to approach the Registrar today for the purpose of obtaining a date for a conciliation conference before a Commissioner of the Court pursuant to s 34 of the Land and Environment Court Act 1979 (NSW).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Fowler v Valuer General [2015] NSWLEC 133
Hearing dates:	14 August 2015
Date of orders:	14 August 2015
Decision date:	14 August 2015
Jurisdiction:	Class 3
Before:	Craig J
Decision:	(1) Pursuant to s 38(2) of the Valuation of Land Act 1916 (NSW) the applicant is allowed to appeal after the 60 day period for making the appeal provided in s 38(1) of that Act. (2) The time for filing an appeal is extended to 26 June 2015 being the date on which the applicant’s Class 3 appeal was filed, and being the application which should be treated as having instituted the appeal in these proceedings. (3) Grant leave for the parties to approach the Registrar today for the purpose of obtaining a date for a conciliation conference before a Commissioner of the Court pursuant to s 34 of the Land and Environment Court Act 1979 (NSW).
Catchwords:	PRACTICE AND PROCEDURE – application to extend time for commencement of appeal – s 38(2) Valuation of Land Act 1916 (NSW) – reasons for delay – no prejudice claimed – extension of time granted.
Legislation Cited:	Land and Environment Court Act 1979 (NSW) Valuation of Land Act 1916 (NSW)
Cases Cited:	Jassls Pty Ltd v Valuer General [2006] NSWLEC 59
Category:	Procedural and other rulings
Parties:	Julian Fowler (Applicant) Valuer General (Respondent)
Representation:	Counsel: In person (Applicant) Mr R Ghanem, solicitor (Respondent) Solicitors: Unrepresented (Applicant) Crown Solicitors Office (Respondent)
File Number(s):	30559 of 2015