The Warehouse Pty Ltd atf Warehouse Invest Trust v Valuer General [2021] NSWLEC 32

Land and Environment Court New South Wales

Medium Neutral Citation: The Warehouse Pty Ltd atf Warehouse Invest Trust v Valuer General [2021] NSWLEC 32 Hearing dates: 9 April 2021 Date of orders: 13 April 2021 Decision date: 13 April 2021 Jurisdiction: Class 3 Before: Robson J Decision: See orders at [39]-[40] Catchwords: APPEALS — Leave to appeal — Application for leave to appeal after time for appeal expired — Length of delay — Reasons for delay — Arguable case — s 38 of the Valuation of Land Act 1916 (NSW) — Leave granted Legislation Cited: Valuation of Land Act 1916 (NSW) ss 35AA, 37, 38 Cases Cited: Gallo v Dawson [1990] HCA 30; (1990) 93 ALR 479 Fowler v Valuer General [2015] NSWLEC 133 Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Jassls Pty Ltd v Valuer General [2006] NSWLEC 59 R v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087; [1975] 2 All ER 1084 Category: Procedural rulings Parties: The Warehouse Pty Ltd atf Warehouse Invest Trust (Applicant) Valuer General (Respondent) Representation: Counsel: L Waterson (Applicant) P Rankins, solicitor (Respondent)

Solicitors: King & Wood Mallesons (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2021/00067972; 2021/00068066 Publication restriction: Nil

Judgment 1. By two notices of motion filed 9 March 2021, The Warehouse Pty Ltd atf Warehouse Invest Trust ('Warehouse') seeks relief pursuant to s 38(2) of the Valuation of Land Act 1916 (NSW) ('Valuation Act'), that it be allowed to commence two Class 3 appeal proceedings (also filed 9 March 2021) after the 60-day period for making the appeals prescribed by s 38(1) of the Valuation Act has expired. 2. Warehouse seeks to commence appeal proceedings under s 37 of the Valuation Act against the Valuer General's determinations on 5 March 2020 to disallow the objections made to valuations of land owned by Warehouse, located at 87-103 Epsom Road, Rosebery (the 'Land'), as at 1 July 2017 ('2017 objection') and 1 July 2018 ('2018 objection') (together 'the Objections'). The Valuer General neither consents to, nor opposes, the motions. 3. The motions came before me (as List Judge), and were heard, on 9 April 2021. Mr L Waterson of counsel, appeared for Warehouse and Mr P Rankins, solicitor, appeared for the Valuer General. 4. Warehouse reads the affidavit of Sebastian Tarlton Hanscomb, solicitor for Warehouse, affirmed 5 March 2021, which included extensive annexures comprising approximately 400 pages of material (the 'March Affidavit'), and a supplementary affidavit of Mr Hanscomb affirmed 7 April 2021 (the 'April Affidavit').