Martinovic v Valuer General [2008] NSWLEC 144

Land and Environment Court of New South Wales

CITATION : Martinovic v Valuer General [2008] NSWLEC 144

APPLICANT: Radoje Martinovic PARTIES : RESPONDENT: Valuer General

FILE NUMBER(S) : 30736 of 2007

CORAM: Biscoe J

KEY ISSUES: Practice and Procedure :- application for order that hearing not continue before a Commissioner - alleged apparent bias.

CASES CITED: Martinovic v Valuer General [2008] NSWLEC 119

DATES OF HEARING: 01/04/2008

EX TEMPORE JUDGMENT DATE : 1 April 2008

APPLICANT: Mr R Martinovic (in person) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr P Rankins, solicitor SOLICITORS I V Knight Crown Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

HIS HONOUR

1 April 2008

30736 of 2007

RADOJE MARTINOVIC v VALUER GENERAL

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an oral motion by the applicant, Mr Martinovic, for an order that the hearing of his objection to a valuation assessment by the respondent, the Valuer General, not continue before Acting Commissioner Parker.

2 On 7 February 2008, the proceedings were listed for hearing on 18 March 2008. On that date the hearing commenced before Acting Commissioner Parker with a site inspection and continued at the Local Court at Penrith. During the hearing Mr Martinovic told the Acting Commissioner that he wished the hearing to cease in order to make an application for the hearing to be by a judge and jury. The Acting Commissioner adjourned the hearing in order to give Mr Martinovic the opportunity to make that application to the duty judge. On 25 March 2008, the duty judge, Lloyd J, dismissed that application: Martinovic v Valuer General [2008] NSWLEC 119.