Fitzgerald v Valuer General [2011] NSWLEC 1196

Fitzgerald v Valuer General [2011] NSWLEC 1196

There is no relevant linkage between the Class 1 subdivision proceedings and the valuation appeal, and therefore no basis to postpone determination of the valuation appeal. The court's objectives of efficient allocation of resources and timely determination of matters require the hearing to proceed as scheduled.

Jurisdiction
Australia
Judgment Date
17 June 2011
Procedural Posture
Valuation Appeal / Notice of Motion to Vacate Hearing Date
Outcome
Notice of Motion dismissed
Legal Topics
['vacation of Hearing Date' 'valuation Appeal Procedure']
['civil Procedure'] ['vacation of Hearing Date' 'valuation Appeal Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Valuation Appeal / Notice of Motion to Vacate Hearing Date

Legal Issues

  1. 1 ['Whether the hearing date for the valuation appeal should be vacated based on potential discontinuance if another proceeding succeeds' 'Whether there is sufficient linkage between the Class 1 proceedings and the valuation appeal to justify vacating the hearing date']

Ratio Decidendi

There is no relevant linkage between the Class 1 subdivision proceedings and the valuation appeal, and therefore no basis to postpone determination of the valuation appeal. The court's objectives of efficient allocation of resources and timely determination of matters require the hearing to proceed as scheduled.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion to vacate the hearing date is dismissed.' 'The hearing will proceed as set down on Tuesday next commencing at Gosford Courthouse at 10 AM.']