Land and Environment Court New South Wales Medium Neutral Citation: The Trust Company Limited [ACN 004 027 749] as custodian for the GAI1 Blacktown Trust v Valuer-General of New South Wales [2017] NSWLEC 1679 Hearing dates: Conciliation conference on 27 November 2017 Date of orders: 28 November 2017 Decision date: 28 November 2017 Jurisdiction: Class 3 Before: Parker AC Decision: See (4) below Catchwords: UNIMPROVED VALUE: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Valuation of Land Act 1916 Category: Principal judgment Parties: The Trust Company Limited [ACN 004 027 749] as custodian for the GAI1 Blacktown Trust (Applicant) Valuer-General of New South Wales (Respondent) Representation: Counsel: Ms A Hemmings (Applicant) Ms M Carpenter (Respondent) Solicitors: Beatty Legal Pty Limited (Applicant) Mr P Rankins, Crown Solicitor's Office (Respondent) File Number(s): 2017/211757 Publication restriction: No Judgment 1. COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. 3. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979 are: 1. The appeal is upheld. 2. Pursuant to s 40(1)(b) of the Valuation of Land Act 1916, the land value of the property being Lot 203 DP1176871, known as Lot 203 Oatley Close, Blacktown, is determined to be $290,000 at the base date of 1 July 2016. 3. Each party is to bear their own costs in these proceedings. ………………………. Acting Commissioner Parker DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 30 November 2017