Newman v Valuer General [2005] NSWLEC 134

Land and Environment Court of New South Wales

CITATION : Newman v Valuer General [2005] NSWLEC 134

APPLICANT Philip M Newman

PARTIES : RESPONDENT Valuer General

FILE NUMBER(S) : 30459 of 2004

CORAM: Hussey C

Costs :- arising from valuation appeal KEY ISSUES:

LEGISLATION CITED: Land and Environment Court Act 1979

CASES CITED: Moodley v Botany Bay CC Appeal No. 11438 of 2003

DATES OF HEARING: 11/10/2004

DATE OF JUDGMENT: 03/30/2005

APPLICANT N/A LEGAL REPRESENTATIVES: RESPONDENT I V Knight (Crown Solicitor's Office)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

6 December 2004

30459 of 2004 Philip M Newman v Valuer General

JUDGMENT Background. 1 The applicant initially lodged an appeal against the disallowance of an objection that the land value at 9 Denison Street, Manly was too high.

2 The matter was set down for hearing on 26 July 2004 and commenced with a view. A detailed statement of evidence by valuer, Mr M. Bishenden was tendered on behalf of the respondent.

3 No appearance or substantive evidence was submitted by the applicant. Although, a brief interview was undertaken with the tenant of the property, who allowed a site inspection to be undertaken.

4 Consequently, Mr Bishenden's statement was considered and his analysis and conclusion accepted, and in the absence of any challenge, resulted in orders confirming the V G Valuation.

5 From this the respondent has made an application for costs. This detailed cost application has been made by the Crown Solicitor on behalf of the Valuer General. The applicant was notified of this costs application and given the opportunity to respond but has not done so in respect of the cost application. Instead the applicant has made brief submissions regarding merit considerations previously determined in the original appeal.