NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Jenkyn v The Valuer General [2000] NSWLEC 280 APPLICATION: Jenkyn PARTIES : RESONDENT: The Valuer General FILE NUMBER(S) : 30062; 30063; 30064 of 2000 CORAM: Bignold J KEY ISSUES: Costs :- costs in valuation appeal - effect on land value of heritage restrictions - consent orders reducing amount of statutory valuation - whether exceptional circumstances established. LEGISLATION CITED: Valuation of Land Act 1916 Leichhardt Municipal Council v Seatainer Terminals (1981) 48 LGRA 409; CASES CITED: Maurici v Chief Commissioner of State Revenue (No 3) (2000) 107 LGERA 222; Secretary of State for Foreign Affairs v Charlesworth Pilling and Co (1901) AC 373; Tenstat Chullora No 2 Trust v Valuer General (2000) 110 LGERA 227 DATES OF HEARING: 1 December 2000 DATE OF JUDGMENT: 12/22/2000
APPLICANT: Mr Jenkyn, Barrister (also agent for other Applicants) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr P Kelso, Solicitor SOLICITORS Kelso Taylor
JUDGMENT: IN THE LAND AND Matter No . 30062, 30063 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 22 December 2000
JENKYN
Applicant
v
THE VALUER GENERAL
Respondent
JUDGMENT
Bignold J:
A. INTRODUCTION
1. By their Notices of Motion filed in each set of three related class 3 proceedings, each Applicant seeks an order for costs in the proceedings. The Motions which are opposed by the Valuer General have, by consent, been heard together.
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