Valuer-General v Sydney Fish Market Pty Ltd

The Valuer-General appealed to the Court of Appeal of New South Wales against a decision concerning the valuation of land occupied by Sydney Fish Market Pty Ltd. The central dispute revolved around whether the land, subject to a lease granted in 1994, qualified as "Crown lease restricted" for the purposes of the *Valuation of Land Act 1916* (NSW). This classification was critical for determining the applicable valuation methodology. A further issue was whether the lease constituted a "holding" under the *Valuation of Land Act*, and whether the land remained Crown land following its transfer in 2006 from the Crown to the State Property Authority.

The Court of Appeal was required to determine the proper characterisation of the 1994 lease. Specifically, it needed to ascertain whether the lease was granted under the *Crown Lands Act 1989* (NSW) or the *Fish Marketing Act 1994* (NSW), or both. This involved considering the significance of the Minister who executed the lease, the preconditions for exercising powers under the *Crown Lands Act*, and whether the *Fish Marketing Act* implicitly repealed or displaced the *Crown Lands Act* in relation to the grant of such leases. The Court also had to consider whether the *Fish Marketing Act* actually conferred the power to grant the lease in question.

The Court reasoned that the *Fish Marketing Act* did not confer the power to grant the lease, and therefore the lease must have been granted under the *Crown Lands Act*. The Court found that the lease was a "holding" for the purposes of the *Valuation of Land Act* and that the land remained Crown land despite the subsequent transfer to the State Property Authority. Consequently, the land was correctly classified as "Crown lease restricted".

The Court of Appeal granted leave to appeal but dismissed the appeal, ordering the Valuer-General to pay the costs of Sydney Fish Market Pty Ltd.