Perilya Broken Hill Limited v Valuer-General (No 2) [2012] NSWLEC 276

Land and Environment Court New South Wales

Medium Neutral Citation: Perilya Broken Hill Limited v Valuer-General (No 2) [2012] NSWLEC 276 Hearing dates: 18 December 2012 Decision date: 20 December 2012 Jurisdiction: Class 3 Before: Preston CJ Decision: The Court orders: (1)The Valuer-General's notice of motion filed on 18 December 2012 is dismissed. (2)Broken Hill City Council's notice of motion filed on 10 December 2012 is dismissed. Catchwords: VALUATION OF LAND - application to stay Court's orders revoking determination of Valuer-General and valuing land at lower amount - orders had already taken effect and had no ongoing operation - Valuer-General's subsequent actions of altering land value in Registry of Land Values and providing supplementary list to rating authority gave effect to Court's decision - discretionary considerations not in favour of granting a stay - no stay granted - applications to reverse alteration of land value in the Registry of Land Values and furnish a supplementary list refused - application under s 135(2) of the Civil Procedure Act 2005 to restrain successful party from bringing separate proceedings to recover any overpayment of rates - Court's decision itself did not give rise to claim for refund of overpayment - proceedings to recover overpayment of rates not an action to enforce Court's judgment or orders - Court has no power to prohibit party from bringing proceedings in another court other than to enforce Court's judgment or orders - local council sought to join proceedings as second respondent after Court's redetermination of land value - application for joinder refused Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Bunnings Forest Products Pty Ltd v Bullen (1994) 54 FCR 342 Chen v Lym International [2009] NSWCA 121 McBride v Sandland (No 2) (1918) 25 CLR 369 Category: Consequential orders Parties: Perilya Broken Hill Limited (Applicant) Valuer-General (Respondent) Representation: Mr R P L Lancaster SC with Ms L Thomas (Applicant) Mr T S Hale SC with Mr J B Maston (Respondent) Mr J E Robson SC (for Broken Hill City Council) Sparke Helmore (Applicant) I V Knight, Crown Solicitor (Respondent) Maddocks Lawyers (for Broken Hill City Council) File Number(s): 30076 of 2011