Balranald Gypsum Pty Ltd v Department of Planning Industry and Environment [2022] NSWLEC 1010

Balranald Gypsum Pty Ltd v Department of Planning Industry and Environment [2022] NSWLEC 1010

The appeal was upheld and land value set at $73,900 as at 1 July 2019 in accordance with agreement reached between the parties at conciliation, as permitted by s 34(3) of the LEC Act, with jurisdictional prerequisites satisfied.

Jurisdiction
Australia
Judgment Date
07 January 2022
Procedural Posture
Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['objection to Land Valuation' "appeal Against Valuer General's Determination" 'land Valuation for Mining and Agricultural Use']
['administrative Law' 'property Law'] ['objection to Land Valuation' "appeal Against Valuer General's Determination" 'land Valuation for Mining and Agricultural Use']

Case Brief

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Procedural Posture

Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the Valuer General's land value determination for Lot 1184 as at 1 July 2019 was correct" "Whether the Court could uphold the parties' agreement on valuation under s 34(3) of the LEC Act"]

Ratio Decidendi

The appeal was upheld and land value set at $73,900 as at 1 July 2019 in accordance with agreement reached between the parties at conciliation, as permitted by s 34(3) of the LEC Act, with jurisdictional prerequisites satisfied.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'The land value of Lot 1184 in Deposited Plan 762595 at Ivanhoe Road, Balranald NSW as at 1 July 2019 is $73,900.' 'Each party to bear their own costs of the proceedings.']