Genovese v Valuer General of New South Wales

[2022] NSWLEC 1594

Land and Environment Court

New South Wales

Medium Neutral Citation:

Genovese v Valuer General of New South Wales [2022] NSWLEC 1594

Hearing dates:

Conciliation Conference on 12 October 2022

Date of orders:

27 October 2022

Decision date:

27 October 2022

Jurisdiction:

Class 3

Before:

Kempthorne AC

Decision:

The Court orders:

1) The Appeal is upheld.

2) The Land Value for Lots 1, 2, 3, 4, 5, 6 CP/SP89354 and NSW Maritime Lease 30003283 known as 86 St Georges Crescent, Drummoyne for the valuing year 1 July 2021 is determined in the amount of $10,150,000 in accordance with section 6A of the Valuation of Land Act 1916.

3) Each party is to bear its own costs in 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:

Rose Genovese (Applicant 1)
Rinaldo Genovese (Applicant 2)
Valuer General of New South Wales (Respondent)

Representation:

Counsel:
M Cridland (Solicitor) (Applicants)
L Johnston (Respondent)
Solicitors:
K & L Gates (Applicants)
Crown Solicitors Office NSW (Respondent)

File Number(s):

2022/221607

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This Class 3 application arises from the disallowed objection and subsequent appeal by the Applicants 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 2021 of Lots 1, 2, 3, 4, 5, 6, CP/SP89354 and NSW Maritime Lease 30003283 (the Property).

Jurisdiction Pre-requisites

2. The Valuer General of New South Wales (VG) issued a Notice of Valuation in accordance with s 14A of the Valuation Act to the Applicants for the Property in respect of the Valuing Year 2021 with a Land Value of $13,500,000.

3. The Applicants lodged an objection with the VG’s office to the issued Land Value pursuant to s 34 of the Valuation Act.

4. The VG allowed the Applicants’ objection pursuant to s 35B and issued a Notice of Determination as required by s 35C of the Valuation Act to the Applicants with a Land Value of $12,560,000.

5. The Applicants’ solicitor lodged an Appeal to the Notice of Determination pursuant to s 37 of the Valuation Act in this Court on 28 July 2022.

6. The Land Value contended by the Applicants in the Appeal was $5,609,688.

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 October 2022.

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 were:

1. The Appeal is upheld.

2. The Land Value of Lots 1, 2, 3, 4, 5, 6, CP/SP89534 and NSW Maritime Lease 30003283, known as 86 St Georges Crescent, Drummoyne for the Valuing Year 1 July 2021 is determined as $10,150,000.

3. Each party is to bear its own costs in 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 Lots 1, 2, 3, 4, 5, 6, CP/SP89534 and NSW Maritime Lease 30003283, known as 86 St Georges Crescent, Drummoyne for the Valuing Year 1 July 2021 is determined as $10,150,000 in accordance with section 6A of the Valuation of Land Act 1916.

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

…………………………

P Kempthorne

Acting Commissioner of the Court

**********

Decision last updated: 27 October 2022