Horsfield v Valuer-General of NSW [2024] NSWLEC 1281

Land and Environment Court New South Wales

Medium Neutral Citation: Horsfield v Valuer-General of NSW [2024] NSWLEC 1281 Hearing dates: Conciliation conference on 15 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 30 Post Office Lane Crackenback, NSW 2627 being the whole of the land in Lot 5 Deposited Plan 808488, as at the valuing year 1 July 2022 is amended to $1,390,000 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 29, 35, 35B, 35C, 37, 38 Category: Principal judgment Parties: Helen Patricia Horsfield (Applicant) Valuer-General of New South Wales (Respondent) Representation: Counsel: H Horsfield (Self-Represented) (Applicant) R Ghanem (Solicitor) (Respondent)

Solicitors: Crown Solicitor for NSW (Respondent) File Number(s): 2024/28310 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 20 December 2023 for land owned by the Applicant. 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 of the Valuation Act.