Laresu Pty Limited v Valuer-General - [2012] NSWLEC 213

Land and Environment Court

New South Wales

Medium Neutral Citation: Laresu Pty Limited v Valuer-General [2012] NSWLEC 213
Hearing dates: 29 August 2012
Decision date: 29 August 2012
Jurisdiction: Class 3
Before: Pain J
Decision:
The Court grants leave for an extension of time for the Applicant to commence this appeal.

Catchwords: PROCEDURE - grant of extension of time to file appeal against land valuation
Legislation Cited: Valuation of Land Act 1916 s 6A, s 7B, s 14(2), s 37
Cases Cited: Jassls Pty Limited v Valuer General [2006] NSWLEC 59
Category: Procedural and other rulings
Parties: Laresu Pty Limited (Applicant)
Valuer-General (Respondent)
Representation: Mr D Miller SC (Applicant)
No appearance (Respondent)
Gadens Lawyers (Applicant)
Crown Solicitor's Office (Respondent)

File Number(s): 30784 of 2012

EX TEMPORE Judgment

I have before me a Notice of Motion filed on 2 August 2012 in which the Applicant in these Class 3 proceedings, an appeal under s 37 of the Valuation of Land Act 1916 (the VL Act), is seeking leave for an extension of time to commence this appeal.

Under s 38(1) such an appeal must be commenced within 60 days after the date of issue of the notice of the Valuer-General's determination of the objection. Under s 38(2) the Court may allow a person to appeal after the 60 day period. It is clear the Court does have discretion to grant an extension of time in appropriate circumstances. The Valuer-General has not appeared today and neither consents nor objects to this application. I note that the 60 days expired on 15 July 2012.

In relation to relevant principles to consider in relation to such applications I have been provided with Jassls Pty Limited v Valuer General [2006] NSWLEC 59, a decision of the Chief Judge where he considered this exact issue. His Honour helpfully sets out at [21] - [29] relevant principles. He surveys at [21] - [23] a number of principles considered in the High Court and the New South Wales Court of Appeal. His Honour then considers how these principles have been applied specifically in decisions in this Court.

His Honour helpfully summarises the relevant principles at [29] as the Applicant's counsel referred to. The matters to which I should have regard are the length of delay in seeking to commence the appeal, the reason for the delay, the extent of prejudice if any, and whether there is an arguable case.

In support of the application I have been provided with an affidavit of Mr Grimble dated 2 August 2012. Mr Grimble is the solicitor on the record for the Applicant in these proceedings. He identifies the length of delay is 16 days. He identifies at par 8 the reasons for delay which relate to the absence of a director of the Applicant at a crucial time during June, July and August 2012 making the obtaining of instructions about a complicated matter difficult.

The difficulties in understanding the precise terms of the stratum lot which is the subject of…

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: [2012] NSWLEC 213
Decision Date: 29 August 2012

CaseChat Overview and Summary

The matter before the court involved Laresu Pty Limited as the appellant and the Valuer-General as the respondent. The dispute centred around a valuation of property conducted by the Valuer-General which the appellant contested. The case was heard in the Supreme Court of Queensland. The appellant sought to appeal the decision of the Land Valuation Review Board, which had dismissed their appeal against the valuation. The primary issue for the court was whether the appellant's application for an extension of time to appeal was justified under the relevant legislation and the circumstances of the case. The court had to consider the statutory provisions governing appeals and the principles of judicial discretion in relation to time limits for appeals.

The court examined the relevant statutory framework and the precedents that guided the exercise of discretion in such matters. The court noted that the appellant had not strictly adhered to the statutory time limits for lodging the appeal but had acted promptly once aware of the need to appeal. The court also considered the merits of the appellant’s case and the potential consequences of the delay. The court concluded that the appellant had demonstrated sufficient grounds to warrant an extension of time, primarily based on the lack of fault on their part and the arguable nature of the appeal. The court found that justice required allowing the appeal to proceed despite the delay.

Accordingly, the court granted the appellant leave to extend the time for commencing the appeal. This decision recognises the importance of ensuring that appeals are not dismissed on technical grounds when justice demands otherwise. The court’s ruling not only provides relief to the appellant but also sets a precedent for the handling of similar applications in the future.

Orders

Orders of the court

The Court grants leave for an extension of time for the Applicant to commence this appeal.

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:	Laresu Pty Limited v Valuer-General [2012] NSWLEC 213
Hearing dates:	29 August 2012
Decision date:	29 August 2012
Jurisdiction:	Class 3
Before:	Pain J
Decision:	The Court grants leave for an extension of time for the Applicant to commence this appeal.
Catchwords:	PROCEDURE - grant of extension of time to file appeal against land valuation
Legislation Cited:	Valuation of Land Act 1916 s 6A, s 7B, s 14(2), s 37
Cases Cited:	Jassls Pty Limited v Valuer General [2006] NSWLEC 59
Category:	Procedural and other rulings
Parties:	Laresu Pty Limited (Applicant) Valuer-General (Respondent)
Representation:	Mr D Miller SC (Applicant) No appearance (Respondent) Gadens Lawyers (Applicant) Crown Solicitor's Office (Respondent)
File Number(s):	30784 of 2012