Taylor v Valuer General of New South Wales

[2024] NSWLEC 1071

Land and Environment Court

New South Wales

Medium Neutral Citation:

Taylor v Valuer General of New South Wales [2024] NSWLEC 1071

Hearing dates:

Conciliation Conference on 7 December 2023

Date of orders:

23 February 2024

Decision date:

23 February 2024

Jurisdiction:

Class 3

Before:

Kempthorne AC

Decision:

The Court orders:

(1) The Appeal is upheld.

(2) The Land Value for 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 860738) as at 1 July 2021 is $1,790,000.

(3) Each party to bear their own costs.

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 14A, 14B, 34, 35B, 35C, 37

Category:

Principal judgment

Parties:

Adrian Tasman Francis Taylor (Applicant)
Valuer General of New South Wales (Respondent)

Representation:

Counsel:
A Taylor (Self-represented) (Applicant)
L Johnson (Respondent)

Solicitor:
Crown Solicitors Office NSW (Respondent)

File Number(s):

2023/263147

Publication restriction:

Nil

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 2022 of 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 860738) (the Property).

Jurisdiction Pre-requisites

2. The Valuer General of New South Wales (VG) issued a Notice of Valuation in accordance with ss 14A and 14B of the Valuation Act to the Applicant for the Property in respect of the Valuing Year 1 July 2022 with a Land Value of $2,010,000.

3. The Applicant lodged an objection with the VG’s office 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 as required by s 35C of the Valuation Act to the Applicant.

5. The Applicant lodged an Appeal to the Notice of Determination pursuant to s 37 of the Valuation Act in this Court on 18 August 2023.

6. The Land Value contended by the Applicant in the Appeal was $1,250,000.

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 7 December 2023.

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 the decision agreed to by the parties were:

1. The Appeal is upheld.

2. The Land Value of 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 860730) as at 1 July 2022 is $1,790,000.

3. Each party to bear their own costs.

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 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 80738) as at 1 July 2022 is $1,790,000.

3. Each party to bear their own costs.

I certify that this and the preceding 1 page are a true copy of my reasons for judgment.

P Kempthorne

Acting Commissioner of the Court

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Decision last updated: 23 February 2024