Michael Lapadat v Valuer General of New South Wales [2019] NSWLEC 50

Land and Environment Court New South Wales

Medium Neutral Citation: Michael Lapadat v Valuer General of New South Wales [2019] NSWLEC 50 Hearing dates: 10 April 2019 Date of orders: 10 April 2019 Decision date: 10 April 2019 Jurisdiction: Class 3 Before: Robson J Decision: See orders at [44] Catchwords: NOTICE OF MOTION – whether proceedings should be dismissed in whole pursuant to the grounds in r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) – whether orders sought by the applicant are justiciable in these proceedings – proceedings dismissed – no order for costs Legislation Cited: Land and Environment Court Act 1979 (NSW) s 34 Uniform Civil Procedure Rules 2005 (NSW) r 13.4 Valuation of Land Act 1916 (NSW) ss 6A, 34, 37, 38 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; [1992] HCA 66 Valuer-General of New South Wales v Oriental Bar Pty Limited [2016] NSWCA 48; (2016) 217 LGERA 1 Category: Principal judgment Parties: Michael Lapadat (Applicant) Valuer General of New South Wales (Respondent) Representation: Counsel: M Lapadat, self-represented (Applicant) S Nash (Respondent)

Solicitors: Self-represented (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2018/00288493 Publication restriction: Nil

EX TEMPORE Judgment 1. On 20 September 2018, Michael Lapadat commenced these Class 3 proceedings pursuant to s 37 of the Valuation of Land Act 1916 (NSW) ('Valuation Act') challenging the Valuer General of New South Wales' ('Valuer General') valuation and determination of land value and dimensions of land of which he is the registered proprietor, being Lot 10 in DP 22594 and known as 404 Urana Road, Lavington ('subject land') as at 1 July 2016. 2. By Notice of Motion ('motion') filed 1 April 2019, the Valuer General seeks orders that the proceedings be dismissed in whole pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) ('UCPR'). 3. The motion proceeded to hearing before me today. Mr Lapadat appeared without legal representation and Mr Nash of counsel appeared for the Valuer General. 4. For the reasons that follow, I have determined that the proceedings should be dismissed and that there be no order for costs.