NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Pyntoe Pty Ltd v Valuer-General of NSW (No 2) [2012] NSWLEC 231 Hearing dates: 9 October 2012 Decision date: 19 October 2012 Jurisdiction: Class 3 Before: Craig J Decision: 1. The respondent must pay the applicants' costs of the proceedings, including the applicants' costs of their Notice of Motion seeking this order. 2. Exhibits may be returned. Catchwords: COSTS - Class 3 valuation appeals - no costs order unless fair and reasonable in the circumstances - r 3.7 Land and Environment Court Rules 2007 - third successful appeal in the last five years relating to the same land - no significant change in background circumstances relevant to the determination of value - Calderbank offer of settlement by applicant in advance of hearing - land value determined by Court lower than that offered by applicant - cumulative effect of prior successful appeals, success in the present appeal and offer of settlement reflect something out of the ordinary to justify departure from the presumptive rule - costs order made Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Valuation of Land Act 1916 Cases Cited: Gilles v Valuer General [2008] NSWLEC 1508
Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; (2010) 172 LGERA 157
Maurici v Chief Commissioner of State Revenue (No 8) [2007] NSWLEC 37; (2007) 155 LGERA 115
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