Kierath v Valuer-General [2008] NSWLEC 1524

Land and Environment Court of New South Wales

CITATION : Kierath v Valuer-General [2008] NSWLEC 1524

APPLICANT William Kierath PARTIES : RESPONDENT Valuer-General

FILE NUMBER(S) : 30693 of 2008

CORAM: Moore C

KEY ISSUES: Valuation of Land :- Appeal against statutory valuation

LEGISLATION CITED: Valuation of Land Act 1916

DATES OF HEARING: 1 December 2008

EX TEMPORE JUDGMENT DATE : 1 December 2008

APPLICANT In person

LEGAL REPRESENTATIVES: RESPONDENT Mr G Newport, barrister INSTRUCTED BY NSW Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

1 December 2008

30693 of 2008 William Kierath v Valuer-General

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 COMMISSIONER: On 29 October last, I conducted a conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979 between the applicant and the respondent in these proceedings. At the conclusion of that conciliation conference, no agreement was able to be reached between the parties and I terminated the proceedings. At that point the parties asked me to proceed pursuant to s 34(4) of the Act to hear and determine the matter. In response to that invitation, being an invitation I am unable to refuse by the terms of the statute, I indicated to the parties that I considered that it would be necessary to undertake an inspection of the property and of the comparable sales prayed in aid by the Valuer-General.