Brown v Valuer-General of NSW [2024] NSWLEC 1280

Land and Environment Court New South Wales

Medium Neutral Citation: Brown v Valuer-General of NSW [2024] NSWLEC 1280 Hearing dates: Conciliation conference on 7 May 2024 Date of orders: 29 May 2024 Decision date: 29 May 2024 Jurisdiction: Class 3 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) The land value of 59 Marine Parade Callala Bay NSW 2540 being the whole of the land in Lot 2 Section 15A Deposited Plan 9063 is $1,822,000 for the valuing year 1 July 2022 in accordance with ss 40(1)(b) and 6A of the Valuation of Land Act 1916. Catchwords: VALUATION OF LAND – conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 ss 19, 34 Valuation of Land Act 1916 ss 14, 35B, 35C, 37, 40 Category: Principal judgment Parties: Michael Francis Brown (First Applicant) David John Townson (Second Applicant) Jonathan Boyd Chancellor (Third Applicant) Valuer-General of New South Wales (Respondent) Representation: Counsel: J Chancellor (Self-Represented) (Agent for Applicants) (Applicants) J Chapko (Solicitor) (Respondent)

Solicitors: Crown Solicitor of NSW (Respondent) File Number(s): 2024/4942 Publication restriction: Nil

Judgment 1. COMMISSIONER: This is an appeal pursuant to s 37 of the Valuation of Land Act 1916 (Valuation Act) against the Valuer-General of NSW's determination of objection dated 8 November 2023 for land owned by the Applicants. 1. The proceedings fall within Class 3 of the Court's jurisdiction pursuant to s 19(b) of the Land and Environment Court Act 1979 (LEC Act). 2. The statutory power or function to be exercised in determining the proceedings are s 34(3) of the LEC Act and s 40(1)(b) of the Valuation Act.