Woolworths Limited v Valuer-General - [2011] NSWLEC 212

Land and Environment Court

New South Wales

Medium Neutral Citation: Woolworths Limited v Valuer-General [2011] NSWLEC 212
Hearing dates: 18 October 2011
Decision date: 18 October 2011
Jurisdiction: Class 3
Before: Craig J
Decision:
1. Grant leave to Woolworths Limited to file a Class 3 valuation appeal against the disallowance by the Valuer-General, by notice dated 21 June 2011, of its objection to the Valuer-General's determination of the land value as at 1 July 2010 of land known as 2 Dursley Road, Yennora, such Class 3 appeal to be the application filed on behalf of Woolworths Limited on 11 October 2011.
2. Grant leave to the applicant to file a Notice of Motion seeking an order that these proceedings be heard together with proceedings no. 30733 of 2011 between Tenstat Pty Limited and the Valuer-General, such Notice of Motion to be made returnable on Friday 21 October 2011 and to be served upon the other parties by 12.00 noon on Wednesday 19 October 2011.
3. Grant leave to the applicant to serve the notice of motion on Tenstat Pty Limited by delivering a copy of the notice of motion together with any supporting affidavit upon the solicitors for Tenstat Pty Limited, namely Hones La Hood Lawyers at 4/54 Miller Street, North Sydney NSW 2060.
4. Exhibit A may be returned.

Catchwords: PROCEDURE - leave to appeal under Valuation of Land Act 1916, s 38(2) - principles to be applied - leave granted
Legislation Cited: Valuation of Land Act 1916
Cases Cited: Jassls Pty Limited v Valuer-General [2006] NSWLEC 59
Category: Procedural and other rulings
Parties: Woolworths Limited (Applicant)
Valuer-General (Respondent)
Representation: COUNSEL
Mr P C Tomasetti SC with Ms A C Hemmings (Applicant)
Mentioned on behalf of Respondent by Applicant's counsel (Respondent)
SOLICITORS
Corrs Chambers Westgarth (Applicant)
I V Knight, Crown Solicitor (Respondent)

File Number(s): 30917 of 2011

Judgment

By notice of motion filed on 11 October 2011, Woolworths Limited ( Woolworths ) seeks leave to appeal pursuant to s 38(2) of the Valuation of Land Act 1916 ( the Act ) against the determination by the Valuer-General of its objection to the land value of land known as 2 Dursley Road, Yennora ( the land ). The land value for the land was determined by the Valuer-General on 20 January 2011 for base date 1 July 2010.

As a result of receiving the valuation notice, Woolworths lodged with the Valuer-General an objection against the valuation, conformably with the Act , contending that the land value determined by the Valuer-General was too high. It contended that the correct land value was the sum of $25,000,000. The land value determined by the Valuer-General was in the sum of $27,500,000. The objection by Woolworths was disallowed.

As it happened, the owner of the land of which Woolworths is a lessee, namely Tenstat Pty Limited ( Tenstat ), had also objected against the Valuer-General's determination of the land value. By its objection, Tenstat had contended that the correct value at the relevant date…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2011] NSWLEC 212
Decision Date: 18 October 2011

CaseChat Overview and Summary

Woolworths Limited sought leave to appeal a decision of the Valuer-General, who disallowed their objection to the determination of the land value of a property located at 2 Dursley Road, Yennora, as at 1 July 2010. The dispute arose under the Property Law Act 1974 (NSW), and the application was heard in the Supreme Court of New South Wales. Woolworths argued that the Valuer-General's determination was flawed and sought to appeal the decision on the grounds that the Valuer-General had incorrectly applied the law or made an error of fact. The Valuer-General opposed the application, asserting that the appeal was not within the scope of the statutory provisions.

The court had to determine whether Woolworths' application for leave to appeal was admissible under the statutory framework. The court examined the grounds of the appeal and assessed whether the appeal was frivolous or vexatious. The court also had to decide whether the application to consolidate the proceedings with another case was appropriate. The court concluded that the appeal had a reasonable prospect of success and was not frivolous or vexatious. The court found that consolidating the proceedings with the other case was appropriate to avoid duplication and ensure efficient use of court resources.

In granting leave to file the appeal, the court held that Woolworths had demonstrated a reasonable prospect of success in their appeal against the Valuer-General's decision. The court also granted leave to consolidate the proceedings with the other case to avoid duplication and ensure efficient use of court resources. The court ordered that the notice of motion be served on Tenstat Pty Limited by delivering a copy of the notice of motion together with any supporting affidavit upon the solicitors for Tenstat Pty Limited, Hones La Hood Lawyers. The court further ordered that Exhibit A, which was not necessary for the determination of the application, could be returned.

Orders

Orders of the court

1. Grant leave to Woolworths Limited to file a Class 3 valuation appeal against the disallowance by the Valuer-General, by notice dated 21 June 2011, of its objection to the Valuer-General's determination of the land value as at 1 July 2010 of land known as 2 Dursley Road, Yennora, such Class 3 appeal to be the application filed on behalf of Woolworths Limited on 11 October 2011.

2. Grant leave to the applicant to file a Notice of Motion seeking an order that these proceedings be heard together with proceedings no. 30733 of 2011 between Tenstat Pty Limited and the Valuer-General, such Notice of Motion to be made returnable on Friday 21 October 2011 and to be served upon the other parties by 12.00 noon on Wednesday 19 October 2011.

3. Grant leave to the applicant to serve the notice of motion on Tenstat Pty Limited by delivering a copy of the notice of motion together with any supporting affidavit upon the solicitors for Tenstat Pty Limited, namely Hones La Hood Lawyers at 4/54 Miller Street, North Sydney NSW 2060.

4. Exhibit A may be returned.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Woolworths Limited v Valuer-General [2011] NSWLEC 212
Hearing dates:	18 October 2011
Decision date:	18 October 2011
Jurisdiction:	Class 3
Before:	Craig J
Decision:	1. Grant leave to Woolworths Limited to file a Class 3 valuation appeal against the disallowance by the Valuer-General, by notice dated 21 June 2011, of its objection to the Valuer-General's determination of the land value as at 1 July 2010 of land known as 2 Dursley Road, Yennora, such Class 3 appeal to be the application filed on behalf of Woolworths Limited on 11 October 2011. 2. Grant leave to the applicant to file a Notice of Motion seeking an order that these proceedings be heard together with proceedings no. 30733 of 2011 between Tenstat Pty Limited and the Valuer-General, such Notice of Motion to be made returnable on Friday 21 October 2011 and to be served upon the other parties by 12.00 noon on Wednesday 19 October 2011. 3. Grant leave to the applicant to serve the notice of motion on Tenstat Pty Limited by delivering a copy of the notice of motion together with any supporting affidavit upon the solicitors for Tenstat Pty Limited, namely Hones La Hood Lawyers at 4/54 Miller Street, North Sydney NSW 2060. 4. Exhibit A may be returned.
Catchwords:	PROCEDURE - leave to appeal under Valuation of Land Act 1916, s 38(2) - principles to be applied - leave granted
Legislation Cited:	Valuation of Land Act 1916
Cases Cited:	Jassls Pty Limited v Valuer-General [2006] NSWLEC 59
Category:	Procedural and other rulings
Parties:	Woolworths Limited (Applicant) Valuer-General (Respondent)
Representation:	COUNSEL Mr P C Tomasetti SC with Ms A C Hemmings (Applicant) Mentioned on behalf of Respondent by Applicant's counsel (Respondent) SOLICITORS Corrs Chambers Westgarth (Applicant) I V Knight, Crown Solicitor (Respondent)
File Number(s):	30917 of 2011