Summer Hill Village Pty Ltd v The Valuer-General [2019] NSWLEC 1159

Land and Environment Court New South Wales

Medium Neutral Citation: Summer Hill Village Pty Ltd v The Valuer-General [2019] NSWLEC 1159 Hearing dates: Conciliation conference on 6 March 2019; 4 April 2019 Date of orders: 08 April 2019 Decision date: 08 April 2019 Jurisdiction: Class 3 Before: Maston AC Decision: See orders at [7] below Catchwords: VALUATION OF LAND: conciliation conference – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979 Valuation of Land Act 1916 Category: Principal judgment Parties: Summer Hill Village Pty Limited (Applicant) The Valuer-General (Respondent) Representation: Counsel: N Hammond (Respondent)

Solicitors: S Gadiel, Mills Oakley (Applicant) Crown Solicitor's Office (NSW) (Respondent) File Number(s): 2018/351301 Publication restriction: No

Judgment 1. COMMISSIONER: These Class 3 proceedings are an appeal by the applicant pursuant to s 19(b) of the Land and Environment Court Act 1979 (the Court Act) against the decision of the Valuer-General disallowing the applicant's objection to the determination of the land value of Lot 2 DP 1102625 (PID No. 3273190) known as 123A Smith Street, Summer Hill for the valuation year commencing 1 July 2016. 2. The statutory powers or functions to be exercised in determining the proceedings are contained in ss 14G and 40 of the Valuation of Land Act 1916. 3. The Court arranged a conciliation conference under s 34(1) of the Court Act. I presided over the conciliation conference. 4. During the conference, the Valuer-General determined that the land was "heritage restricted" within s 14G of the Valuation of Land Act 1916. Leave was thereupon sought by the respondent for it to file in Court an amended statement of basic facts. 5. Thereafter, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the upholding of the appeal, the revocation of the respondent's decision disallowing the objection to the original determination of the land value of the land and in its place determining the land value of the land to be $1,170,000 as at 1 July 2016. 6. Under s 34(3) of the Court Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the statutory powers or functions under s 40 of the Court Act. 7. Accordingly, the orders of the Court are: 1. The Respondent is granted leave to rely on the Further Statement of Facts dated 4 April 2019. 2. The appeal is upheld. 3. The Respondent's decision dated 29 October 2018 disallowing the Applicant's objection to the valuation of land in respect of property number 3273190, being 123A Smith Street, Summer Hill is revoked. 4. The land value of 123A Smith Street, Summer Hill, property number 3273190 is determined to be $1,170,000 as at 1 July 2016.