Pollak -V- Valuer General [1999] NSWLEC 37

Land and Environment Court of New South Wales CITATION: Pollak -V- Valuer General [1999] NSWLEC 37

PARTIES APPLICANT: Aana Pollak

RESPONDENT: Valuer General

NUMBER: 30123 of 1998

CORAM: Bignold J

KEY ISSUES: :- Application to appeal out of time. Principles for exercise of discretion.

LEGISLATION CITED: Application to appeal out of time. Principles for exercise of discretion.

DATES OF HEARING: 01/18/1999

DATE OF JUDGMENT DELIVERY: 02/26/1999

APPLICANT: Mr J. Pollak, Barrister LEGAL REPRESENTATIVES: RESPONDENT: Mr. Robertson, Solicitor

JUDGMENT:

1. By its amended Notice of Motion pursuant to leave granted by the Court on 18 January 1999, the Owners - Strata Plan 1842 seek the Court's leave to bring an appeal pursuant to s.38(1) of the Valuation of Land Act 1916 out of time.

2. The Owners - Strata Plan 1842 own land known as No. 1 Wentworth Street, Point Piper which was the subject of a "land value" valuation (Valuation No. 13800) made by the Valuer-General pursuant to s.19 of the Valuation of Land Act as at the valuation base date of 1 July 1997. The objection against that valuation (in the sum of $2.68 million) was made by the owner, and by letter dated 20 May 1998, the Valuer-General notified the owner that its objection had been allowed and the land value was altered to $2.25 million.