Land and Environment Court New South Wales Medium Neutral Citation: Taylor v Valuer General of New South Wales [2024] NSWLEC 1071 Hearing dates: Conciliation Conference on 7 December 2023 Date of orders: 23 February 2024 Decision date: 23 February 2024 Jurisdiction: Class 3 Before: Kempthorne AC Decision: The Court orders: (1) The Appeal is upheld. (2) The Land Value for 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 860738) as at 1 July 2021 is $1,790,000. (3) Each party to bear their own costs. Catchwords: VALUATION OF LAND – objection to issued Land Value – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, s 34 Valuation of Land Act 1916, ss 14A, 14B, 34, 35B, 35C, 37 Category: Principal judgment Parties: Adrian Tasman Francis Taylor (Applicant) Valuer General of New South Wales (Respondent) Representation: Counsel: A Taylor (Self-represented) (Applicant) L Johnson (Respondent) Solicitor: Crown Solicitors Office NSW (Respondent) File Number(s): 2023/263147 Publication restriction: Nil Judgment 1. COMMISSIONER: This Class 3 application arises from the disallowed objection and subsequent appeal by the Applicant pursuant to s 37 of the Valuation of Land Act 1916 (Valuation Act) in respect of the Land Value for the Valuing Year 1 July 2022 of 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 860738) (the Property). Jurisdiction Pre-requisites 1. The Valuer General of New South Wales (VG) issued a Notice of Valuation in accordance with ss 14A and 14B of the Valuation Act to the Applicant for the Property in respect of the Valuing Year 1 July 2022 with a Land Value of $2,010,000. 2. The Applicant lodged an objection with the VG's office to the issued Land Value pursuant to s 34 of the Valuation Act. 3. The VG disallowed the Applicant's objection pursuant to s 35B and issued a Notice of Determination as required by s 35C of the Valuation Act to the Applicant. 4. The Applicant lodged an Appeal to the Notice of Determination pursuant to s 37 of the Valuation Act in this Court on 18 August 2023. 5. The Land Value contended by the Applicant in the Appeal was $1,250,000. 6. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties on 7 December 2023. 7. I presided over the conciliation conference. Section 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 the decision agreed to by the parties were: 1. The Appeal is upheld. 2. The Land Value of 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 860730) as at 1 July 2022 is $1,790,000. 3. Each party to bear 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. The Appeal is upheld. 2. The Land Value of 281B Irvines Road, Bellawongarah NSW 2535 (identified as Lot 28 in Deposited Plan 80738) as at 1 July 2022 is $1,790,000. 3. Each party to bear their own costs. I certify that this and the preceding 1 page are a true copy of my reasons for judgment. P Kempthorne Acting Commissioner of the Court ********** 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: 23 February 2024