Boulevarde Real Estate Pty Ltd v Valuer General of NSW [2023] NSWLEC 1093

Boulevarde Real Estate Pty Ltd v Valuer General of NSW [2023] NSWLEC 1093

As the parties agreed to values for each relevant year, and all jurisdictional requirements were met, the Court was obliged to make orders in terms of the agreement, confirming the Valuer General's values for 2019 and 2020 and varying the 2021 value to $3,400,000.

Parties
Applicant: Boulevarde Real Estate Pty Ltd; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
02 March 2023
Procedural Posture
Valuation Appeal / Final Determination Following Conciliation Conference
Outcome
Appeals dismissed in respect of 2019 and 2020; appeal upheld in respect of 2021; land values set accordingly.
Legal Topics
Valuation of Land, Appeals From Valuer General Determination, Local Environmental Plans, Class 3 Proceedings, Conciliation Conference
Property Law Land Valuation Planning Law Valuation of Land Appeals From Valuer General Determination Local Environmental Plans Class 3 Proceedings Conciliation Conference

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Parties

Boulevarde Real Estate Pty Ltd

Applicant

Valuer General

Respondent

Procedural Posture

Valuation Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether the land value determinations by the Valuer General for 1 July 2019, 1 July 2020, and 1 July 2021 should be confirmed or varied
  2. 2 Jurisdictional prerequisites for confirmation or variation of land value under the Valuation of Land Act 1916 (NSW)

Ratio Decidendi

As the parties agreed to values for each relevant year, and all jurisdictional requirements were met, the Court was obliged to make orders in terms of the agreement, confirming the Valuer General's values for 2019 and 2020 and varying the 2021 value to $3,400,000.

Court Disposition

Appeals dismissed in respect of 2019 and 2020; appeal upheld in respect of 2021; land values set accordingly.

Orders

  • Proceedings 2022/00253313: Appeal dismissed; value for 1 July 2019 confirmed at $3,160,000.00 under s 40(1)(a) and s 6A of Valuation of Land Act 1916 (NSW).
  • Proceedings 2022/00253312: Appeal dismissed; value for 1 July 2020 confirmed at $3,340,000.00 under s 40(1)(a) and s 6A of Valuation of Land Act 1916 (NSW).