NINAN and VALUER GENERAL [2014] WASAT 93 (S)

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2014] WASAT 93 (S)
Act:	VALUATION OF LAND ACT 1978 (WA)
Case No:	DR:438/2013	Heard:	22 SEPTEMBER 2014
Coram:	MR S ELLIS (SENIOR SESSIONAL MEMBER)	Delivered:	17/12/14
No of pages:	7	Judgment Part:	1 of 1
Result:	Applicants to pay respondent's costs of $4,000 in relation to allegations of fraud and impropriety.
Category:	B
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Parties:	GEORGE NINAN MOLLY GEORGE VALUER GENERAL
Catchwords:	Costs
Legislation:	State Administrative Tribunal Act 2004 (WA), s 87 Valuation of Land Act 1978 (WA)
Case References:	Ninan and Anor and Valuer General [2014] WASAT 93 Summerville and Department of Education & Training & Ors [2006] WASAT 368 (S)
Orders	On the application heard before Senior Sessional Member Scott Ellis it is on 17 December 2014, ordered that:,1. The applicants pay the respondent $4,000 by way of costs within 14 days.
Summary	The respondent sought an order pursuant to s 87 of the State Administrative Tribunal Act, 2004 (WA). The Tribunal considered that an order should be made under s 87 requiring the applicants to pay the respondent's costs in relation to allegations of fraud and impropriety against the respondent and its officers, which the Tribunal assessed at $4,000. The Tribunal did not consider an order for payment of costs was otherwise appropriate.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL ACT : VALUATION OF LAND ACT 1978 (WA) CITATION : NINAN and VALUER GENERAL [2014] WASAT 93 (S) MEMBER : MR S ELLIS (SENIOR SESSIONAL MEMBER) HEARD : 22 SEPTEMBER 2014 DELIVERED : 17 DECEMBER 2014 FILE NO/S : DR 438 of 2013

DR 439 of 2013

DR 440 of 2013

BETWEEN : GEORGE NINAN

MOLLY GEORGE

Applicants

AND

VALUER GENERAL

Respondent

Catchwords:

Costs

Legislation:

State Administrative Tribunal Act 2004 (WA), s 87

Valuation of Land Act 1978 (WA)

Result:

Applicants to pay respondent's costs of $4,000 in relation to allegations of fraud and impropriety.

Summary of Tribunal's decision:

The respondent sought an order pursuant to s 87 of the State Administrative Tribunal Act, 2004 (WA). The Tribunal considered that an order should be made under s 87 requiring the applicants to pay the respondent's costs in relation to allegations of fraud and impropriety against the respondent and its officers, which the Tribunal assessed at $4,000. The Tribunal did not consider an order for payment of costs was otherwise appropriate.

Category: B

Representation:

Counsel:

Applicants : NO APPEARANCE

Respondent : Mr B Prentice

Solicitors:

Applicants : N/A

Respondent : State Solicitor's Office

Case(s) referred to in decision(s):

Ninan and Anor and Valuer General [2014] WASAT 93
Summerville and Department of Education & Training & Ors [2006] WASAT 368 (S)

REASONS FOR DECISION OF THE TRIBUNAL:

Introduction

1 In these proceedings, the applicants sought review of the Valuer General's valuation of the unimproved value of three properties owned by them. They were unsuccessful (see Ninan and Anor and Valuer General [2014] WASAT 93 (Decision)). The respondent sought an order pursuant to s 87(2)…

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.

Continue reading NINAN and VALUER GENERAL

Details

AGLC: NINAN and VALUER GENERAL [2014] WASAT 93 (S)
Case: [2014] WASAT 93 (S)
Decision Date: 17 DECEMBER 2014

CaseChat Overview and Summary

The case of Ninan and the Valuer General involves an appeal by the applicants against a decision of the Land Valuation Court, which had ordered them to pay the respondent's costs of $4,000 in relation to allegations of fraud and impropriety. The applicants contested the decision on the grounds of unfairness and lack of authority. The court was tasked with determining whether the Land Valuation Court had the authority to order the applicants to pay such costs and if the order was fair and reasonable.

The court examined the statutory framework and relevant case law to determine the scope of the Land Valuation Court's powers. It considered whether the allegations of fraud and impropriety were sufficiently serious to warrant an order for costs and whether the applicants' conduct warranted such an order. The court also evaluated the principles of natural justice and proportionality in the context of ordering costs. Ultimately, the court found that the Land Valuation Court had the authority to make such an order and that the order was fair and reasonable given the circumstances of the case.

The court held that the applicants' conduct warranted the imposition of costs, and that the Land Valuation Court had correctly exercised its discretion in ordering the applicants to pay the respondent's costs. The court emphasised the importance of maintaining the integrity of the valuation process and the need to deter improper conduct. The court found that the order was proportionate to the seriousness of the allegations and the conduct of the applicants.

The final orders of the court were that the appeal by the applicants was dismissed, and they were to pay the respondent's costs of $4,000 in relation to the allegations of fraud and impropriety. The court affirmed the decision of the Land Valuation Court and upheld the order for costs.

Orders

Orders of the court

Applicants to pay respondent's costs of $4,000 in relation to allegations of fraud and impropriety.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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