Statewide Property Ventures Pty Ltd v Valuer-General [2008] NSWLEC 139

Land and Environment Court of New South Wales

CITATION : Statewide Property Ventures Pty Ltd v Valuer-General [2008] NSWLEC 139

APPLICANT Statewide Property Ventures Pty Ltd PARTIES : RESPONDENT Valuer-General

FILE NUMBER(S) : 30487 of 2007

CORAM: Jagot J

KEY ISSUES: Costs :- whether presumption of no order as to costs displaced - appeal discontinued after agreement between experts - each party to pay its own costs

LEGISLATION CITED: Valuation of Land Act 1916

CASES CITED: Port Stephens Council v Sansom (2007) 156 LGERA 125

DATES OF HEARING: 27 March 2008

EX TEMPORE JUDGMENT DATE : 27 March 2008

APPLICANT Mr Mark Seymour SOLICITORS Hunt & Hunt LEGAL REPRESENTATIVES: RESPONDENT Ms A Pearman SOLICITORS Crown Solicitor's Office

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

27 March 2008

30487 of 2007

STATEWIDE PROPERTY VENTURES PTY LTD Applicant

VALUER-GENERAL Respondent

JUDGMENT Jagot J: 1 In proceedings 30487 of 2007 the respondent seeks an order for costs.

2 The proceedings were an appeal under s 37(1) of the Valuation of Land Act 1916. The parties agree that the matter should be determined under either Pt 16 r 4 of the Land and Environment Court Rules 1996 or the equivalent provision of the new rule in the Land and Environment Court Rules 2007, namely, r 3.7. They also agree that the difference between the rules is not material. The rules provide that the Court is not to make an order for the payment of costs unless such an order is fair and reasonable in the circumstances. The principles to be applied are clear and are as set out in Port Stephens Council v Sansom (2007) 156 LGERA 125. What is required is consideration of the circumstances of the particular case.