The Trust Company Limited [ACN 004 027 749] as custodian for the GAI1 Blacktown Trust v Valuer-General of New South Wales

[2017] NSWLEC 1680

Land and Environment Court

New South Wales

Medium Neutral Citation:	The Trust Company Limited [ACN 004 027 749] as custodian for the GAI1 Blacktown Trust v Valuer-General of New South Wales [2017] NSWLEC 1680
Hearing dates:	Conciliation conference on 27 November 2017
Date of orders:	28 November 2017
Decision date:	28 November 2017
Jurisdiction:	Class 3
Before:	Parker AC
Decision:	See (4) below
Catchwords:	UNIMPROVED VALUE: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Valuation of Land Act 1916
Category:	Principal judgment
Parties:	The Trust Company Limited [ACN 004 027 749] as custodian for the GAI1 Blacktown Trust (Applicant) Valuer-General of New South Wales (Respondent)
Representation:	Counsel: Ms A Hemmings (Applicant) Ms M Carpenter (Respondent) Solicitors: Beatty Legal Pty Limited (Applicant) Mr P Rankins, Crown Solicitor’s Office (Respondent)
File Number(s):	2017/211756
Publication restriction:	No

Judgment

1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.

2. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.

3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

1. The appeal is upheld.

2. Pursuant to s 40(1)(b) of the Valuation of Land Act 1916, the land value of the property being Lot 203 DP1176871, known as Lot 203 Oatley Close, Blacktown, is determined to be $290,000 at the base date of 1 July 2015.

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

……………………….

Acting Commissioner Parker