Graham Trilby Pty Ltd v Valuer General

[2017] NSWLEC 1044

Land and Environment Court

New South Wales

Medium Neutral Citation:	Graham Trilby Pty Ltd v Valuer General [2017] NSWLEC 1044
Hearing dates:	Conciliation conference on 28 November 2016, 7 February 2017
Date of orders:	07 February 2017
Decision date:	07 February 2017
Jurisdiction:	Class 3
Before:	Maston C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Graham Trilby Pty Ltd (Applicant) Valuer General (Respondent)
Representation:	Counsel Ms A Pearman (Applicant) Ms M Carpenter (Respondent) Solicitors Mr S Freidman, Harris Freidman Lawyers (Applicant) Mr P Rankins, Crown Solicitors Office (Respondent)
File Number(s):	2016/281225
Publication restriction:	No

Judgment

1. 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”.

2. 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.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

4. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld;

2. Pursuant to s.40(1)(b) of the Valuation of Land Act 1916, the land value of the property being Lot 161 in DP 1007387 in Cattai Creek Drive, Kellyville, NSW, 2155 (PID 583166) is determined to be $10,150,000 at the base date of 1 July 2015

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

…………….

J Maston

Acting Commissioner