Tenstat Pty Ltd v Valuer-General [2013] NSWLEC 171

Land and Environment Court New South Wales

Medium Neutral Citation: Tenstat Pty Ltd v Valuer-General [2013] NSWLEC 171 Hearing dates: 26 September 2013 Decision date: 10 October 2013 Jurisdiction: Class 3 Before: Craig J Decision: 1. Determine that the present appeal commenced by summons filed on 25 January 2013 may proceed to hearing on the grounds stated in that summons. 2. Order that Woolworths Limited be joined as a respondent to the present appeal proceedings. 3. Direct that a copy of this order together with an amended summons naming Woolworths Limited as second respondent be served on that Company not later than 5.00pm on Tuesday 15 October 2013. 4. Stand over the proceedings to Friday 18 October 2013 for directions and to fix a date for hearing. Catchwords: PROCEDURE - single judgment of Commissioner determining two appeals under s 37 of the Valuation of Land Act 1916 - owner and lessee of land each exercising their right of appeal - proceedings heard together - lessee's appeal allowed and a new land value determined - owner's appeal dismissed - owner appeals from the Commissioner's decision pursuant to s 56A of the Land and Environment Court Act 1979 - no appeal by lessee - potential for conflicting judgments of the Court - whether the owner's appeal has utility - permanent stay or dismissal of the owner's appeal sought by lessee - operation and effect of the provisions of the Valuation of Land Act relating to appeals under that Act considered - multiple proceedings in respect of the same land and base date contemplated by the Valuation of Land Act - alteration of Register of Land Values pursuant to s 14DD of that Act - circumstances do not manifest any basis for stay or dismissal of the owner's 56A appeal - order for joinder of the lessee as a respondent to the owner's appeal - appeal may proceed Legislation Cited: Civil Procedure Act 2005 (NSW) Land and Environment Court Act 1979 (NSW) Uniform Civil Procedure Rules 2005 Valuation of Land Act 1916 (NSW) Cases Cited: Batistatos v Roads and Traffic Authority of NSW [2006] HCA 27; (2006) 226 CLR 256 Hunter v Chief Constable of the West Midlands Police [1981] UKHL 13; [1982] AC 529 P E Bakers Pty Ltd v Yehuda (1988) 15 NSWLR 437 at 442 Perilya Broken Hill Limited v Valuer-General (No 2) [2012] NSWLEC 276 Rogers v The Queen [1994] HCA 42; (1994) 181 CLR 251 Tenstat Pty Limited v Valuer General Woolworths Limited v Valuer General [2012] NSWLEC 1361 Walton v Gardiner [1993] HCA 77; (1993) 177 CLR 378 Texts Cited: Handley, Spencer Bower and Handley: Res Judicata, 4th ed (2009) LexisNexis, [10.01] and [10.24] Category: Procedural and other rulings Parties: Tenstat Pty Limited (Applicant) Valuer-General (Respondent) Woolworths Limited (Amicus Curiae) Representation: I J Hemmings (Applicant) M R M Carpenter (Respondent) P C Tomasetti SC with A C Hemmings (Amicus Curiae) Hones La Hood (Applicant) Crown Solicitor's Office (Respondent) Corrs Chambers Westgarth (Amicus Curiae) File Number(s): 30062 of 2013