Syesun Pty Ltd v Valuer General NSW

[2021] NSWLEC 1317

Land and Environment Court

New South Wales

Medium Neutral Citation:

Syesun Pty Ltd v Valuer General NSW [2021] NSWLEC 1317

Hearing dates:

Conciliation Conference on 17 May 2021

Date of orders:

2 June 2021

Decision date:

02 June 2021

Jurisdiction:

Class 3

Before:

Knight AC

Decision:

The Court orders:

(1) The appeal is upheld.

(2) The Land Value of the land being Lot 22 DP1254914 at 479 Henry Lawson Drive Milperra NSW for the Valuing Year 1 July 2019 is determined at $4,930,000 in accordance with s 6A of the Valuation of Land Act 1916 and the Valuer-General is to make such alterations to the Register of Land Values as may be necessary to give effect to this order.

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

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

Representation:

Counsel:
A Gadiel (Solicitor) (Applicant)
R White (Respondent)

Solicitors:
Mills Oakley (Applicant)
Crown Solicitors Office NSW (Respondent)

File Number(s):

2020/361713

Publication restriction:

No

Judgment

1. COMMISSIONER: This Class 3 application arises from an 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 Lot 22 DP1254914 at 479 Henry Lawson Drive Milperra NSW (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 $9,600,000 in accordance with s 14A of the Valuation Act.

3. The Applicant lodged an objection dated 9 March 2020 to the issued Land Value pursuant to s 34 of the Valuation Act.

4. The VG allowed the Applicant’s objection pursuant to s 35B of the Valuation Act and issued a Notice of Determination that changed the Land Value to $8,600,000 dated 23 November 2020 as required by s 35C of the Valuation Act to the Applicant.

5. The Applicant’s solicitor lodged an Appeal to the determination of the objection pursuant to s 37 of the Valuation Act in this Court on 21 December 2020.

6. The Land Value contended by the Applicant in its Appeal was $320,000.

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 17 May 2021.

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 are:

1. The appeal is upheld.

2. The Land Value of the land being Lot 22 DP1254914 at 479 Henry Lawson Drive Milperra NSW for the Valuing Year 1 July 2019 is determined at $4,930,000 in accordance with s 6A of the Valuation of Land Act 1916 and the Valuer-General is to make such alterations to the Register of Land Values as may be necessary to give effect to this order.

3. Each party is to bear its own costs in relation to 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 the land being Lot 22 DP1254914 at 479 Henry Lawson Drive Milperra NSW for the Valuing Year 1 July 2019 is determined at $4,930,000 in accordance with s 6A of the Valuation of Land Act 1916 and the Valuer-General is to make such alterations to the Register of Land Values as may be necessary to give effect to this order.

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

…………………………

P Knight

Acting Commissioner of the Court

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Decision last updated: 02 June 2021