Pollak -V- Valuer General [1999] NSWLEC 37

Pollak -V- Valuer General [1999] NSWLEC 37

The Court exercised its discretion to extend time because, viewed against the fact that proceedings had originally been commenced within time, that the Court could have amended the originating process on 27 October 1998, and that the applicant sought consent to revive the appeal the next day, the delay was relevantly small; there was no evidence that the appeal was hopeless; and the Valuer-General had demonstrated no relevant prejudice.

Jurisdiction
Australia
Judgment Date
26 February 1999
Procedural Posture
Application for Leave to Bring a Valuation Appeal Out of Time / Judgment on Amended Notice of Motion
Outcome
Application granted; time to appeal extended and costs reserved.
Legal Topics
['extension of Time to Appeal' 'valuation Objection' 'competency of Proceedings' 'discretion to Extend Time']
['land Valuation' 'civil Procedure' 'administrative Law'] ['extension of Time to Appeal' 'valuation Objection' 'competency of Proceedings' 'discretion to Extend Time']

Case Brief

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Procedural Posture

Application for Leave to Bring a Valuation Appeal Out of Time / Judgment on Amended Notice of Motion

Legal Issues

  1. 1 ["Whether the Court should extend time under Part 1 Rule 8 of the Rules of Court for the Owners - Strata Plan 1842 to appeal under s.38(1) of the Valuation of Land Act 1916 against the Valuer-General's determination of an objection." "Whether the earlier discontinuance, alleged acceptance of the Valuer-General's determination, and expiry of the appeal period justified refusing leave."]

Ratio Decidendi

The Court exercised its discretion to extend time because, viewed against the fact that proceedings had originally been commenced within time, that the Court could have amended the originating process on 27 October 1998, and that the applicant sought consent to revive the appeal the next day, the delay was relevantly small; there was no evidence that the appeal was hopeless; and the Valuer-General had demonstrated no relevant prejudice.

Court Disposition

Application granted; time to appeal extended and costs reserved.

Orders

  • ["Pursuant to Part 1 Rule 8 of the Rules of Court, the time for appealing pursuant to s.38(1) of the Valuation of Land Act 1916 against the Valuer-General's determination of the objection by the Owners Strata Plan 1842 to his valuation in respect of land known as No. 1 Wentworth Street, Point Piper be extended to 5...