Land and Environment Court New South Wales Medium Neutral Citation: Balzola v Valuer General [2021] NSWLEC 1493 Hearing dates: Conciliation Conference on 18 August 2021 Date of orders: 27 August 2021 Decision date: 27 August 2021 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders: (1) In the proceedings 2021/159477: (a) The Appeal is upheld. (b) The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2018 be determined in the amount of $5,100,000. (2) In the proceedings 2021/159478: (a) The Appeal is upheld. (b) The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2019 be determined in the amount of $5,975,000. (3) In the proceedings 2021/159479: (a) The Appeal is dismissed. (b) The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2020 be confirmed in the determined amount of $7,240,000. (4) Each party agrees to pay their own costs. Catchwords: VALUATION OF LAND – objections to issued Land Values – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, s 34 Valuation of Land Act 1916, ss 6A,14A, 34, 35B, 35C, 37 Category: Principal judgment Parties: Robert Balzola (Applicant) Valuer General of New South Wales (Respondent) Representation: Counsel: M Seymour (Applicant) A Pearman (Respondent) Solicitors: Stewart Cuddy & Mockler (Applicant) Crown Solicitors Office NSW (Respondent) File Number(s): 2021/159477 2021/159478 2021/159479 Publication restriction: Nil Judgment 1. COMMISSIONER: This Class 3 application arises from the disallowed objections and subsequent appeals by the Applicant pursuant to s 37 of the Valuation of Land Act 1916 (Valuation Act) in respect of the Land Values for the Valuing Years 1 July 2018, 1 July 2019 and 1 July 2020 of Lot 39B in DP 8979 known as 141 Byron Road, Leppington (the Property). Jurisdiction Pre-requisites 1. The Valuer General of New South Wales (VG) issued Notices of Valuation with the following Land Values to the Applicant in accordance with s 14A of the Valuation Act: Valuing Year 1 July 2018 $6,130,000. Valuing Year 1 July 2019 $6,680,000. Valuing Year 1 July 2020 $7,420,000. 1. The Applicant lodged objections to the issued Land Values pursuant to s 34 of the Valuation Act. 2. The VG disallowed the Applicant's objections pursuant to s 35B and issued a Notices of Determination as required by s 35C of the Valuation Act to the Applicant. 3. The Applicant's solicitor lodged Appeals to the disallowance of the objections pursuant to s 37 of the Valuation Act in this Court on 3 June 2021. 4. The Land Values contended by the Applicant in his Appeals were as follows: Valuing Year 1 July 2018 $4,010,000. Valuing Year 1 July 2019 $4,770,000. Valuing Year 1 July 2020 $5,610,000. 1. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties on 18 August 2021. 2. I presided over the conciliation conference. s 34 Agreement 1. 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). 2. The terms of decision agreed to by the parties are: 1. In the proceedings 2021/159477: 1. The Appeal is upheld. 2. The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2018 be determined in the amount of $5,100,000. 1. In the proceedings 2021/159478: 1. The Appeal is upheld. 2. The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2019 be determined in the amount of $5,975,000. 1. In the proceedings 2021/159479: 1. The Appeal is dismissed. 2. The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2020 be confirmed in the determined amount of $7,240,000. 1. Each party agrees to pay their own costs. 1. 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. 2. 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 1. The Court orders: 1. In the proceedings 2021/159477: 1. The Appeal is upheld. 2. The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2018 be determined in the amount of $5,100,000. 1. In the proceedings 2021/159478: 1. The Appeal is upheld. 2. The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2019 be determined in the amount of $5,975,000. 1. In the proceedings 2021/159479: 1. The Appeal is dismissed. 2. The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2020 be confirmed in the determined amount of $7,240,000. 1. Each party agrees to pay their own costs. ………………………… P Kempthorne Acting Commissioner of the Court ********** Amendments 08 September 2021 - Pursuant to UCPR r 36.17, and by consent of the parties, the Court amends Order (3) in this Judgment, by replacing the determined amount being "$7,420,000" to "$7,240,000", and as a result Order (3) should read as follows "(3) In the proceedings 2021/159479: (a) The Appeal is dismissed. (b) The Land Value for Lot 39B in DP 8979 for the Valuing Year 1 July 2020 be confirmed in the determined amount of $7,240,000." DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 September 2021