Spruce Properties Pty Ltd v Valuer General of New South Wales

[2021] NSWLEC 1189

Land and Environment Court

New South Wales

Medium Neutral Citation:

Spruce Properties Pty Ltd v Valuer General of New South Wales [2021] NSWLEC 1189

Hearing dates:

Conciliation Conference on 26 February 2021 and 22 March 2021

Date of orders:

22 April 2021

Decision date:

22 April 2021

Jurisdiction:

Class 1

Before:

Kempthorne AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) The Land Value of Lot 22 in Deposited Plan 881794, known as 15 Stockland Drive, Glendale for the Valuing Year 1 July 2019 is determined at $2,100,000 in accordance with s 6A of the Valuation of Land Act 1916.

(3) Each party is to bear its own costs in relation to the 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
Lake Macquarie Local Environmental Plan 2014
Valuation of Land Act 1916

Category:

Principal judgment

Parties:

Spruce Properties Pty Ltd (Applicant)
Valuer General of New South Wales (Respondent)

Representation:

Counsel:
A Hemmings (Applicant)
L Johnston (Respondent)

Solicitors:
Underwood Legal (Applicant)
Crown Solicitors Office NSW (Respondent)

File Number(s):

2020/313913

Publication restriction:

No

Judgment

1. COMMISSIONER: This Class 3 application arises from the disallowed objection and subsequent appeal by the Applicant 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 2019 of 15 Stockland Drive, Glendale being Lot 22 in Deposited Plan 881794 (the Property).

Jurisdiction pre-requisites

2. The Valuer General of New South Wales (VG) issued a Notice of Valuation for the Valuing Year 1 July 2019 in respect of the Property with a Land Value of $2,460,000 in accordance with s 14A of the Valuation Act.

3. The Applicant lodged an objection to the issued Land Value pursuant to s 34 of the Valuation Act.

4. The VG disallowed the Applicant’s objection pursuant to s 35B and issued a Notice of Determination dated 4 September 2020 as required by s 35C of the Valuation Act to the Applicant.

5. The Applicant’s solicitor lodged an Appeal to the disallowance of the objection pursuant to s 37 of the Valuation Act in this Court on 3 November 2020.

6. The Land Value contended by the Applicant in its Appeal was $1,820,000.

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 26 February 2021 and 22 March 2021.

8. I presided over the conciliation conference.

Section 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 are:

1. The appeal is upheld.

2. The Land Value of Lot 22 in Deposited Plan 881794, known as 15 Stockland Drive, Glendale for the Valuing Year 1 July 2019 is determined at $2,100,000 in accordance with s 6A of the Valuation of Land Act 1916.

3. Each party is to bear its own costs in relation to the 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 Lot 22 in Deposited Plan 881794, known as 15 Stockland Drive, Glendale for the Valuing Year 1 July 2019 is determined at $2,100,000 in accordance with s 6A of the Valuation of Land Act 1916.

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

…………………………

P Kempthorne

Acting Commissioner of the Court

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