Mitchell v Valuer General of NSW [2024] NSWLEC 1150

Mitchell v Valuer General of NSW [2024] NSWLEC 1150

The Court upheld the appeal and amended the land value to $1,250,000 pursuant to s 6A Valuation of Land Act 1916, with disposal of proceedings consistent with the parties’ agreement during conciliation, as the agreement was one the Court could properly make under s 34(3) LEC Act.

Parties
Applicant: Claire-Louise Mitchell; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
28 March 2024
Procedural Posture
Valuation Appeal / Final Determination Post Conciliation Conference
Outcome
Appeal upheld; land value amended
Legal Topics
Valuation of Land, Appeals, Conciliation Conference
Property Law Administrative Law Environmental Law Valuation of Land Appeals Conciliation Conference

Case Brief

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Parties

Claire-Louise Mitchell

Applicant

Valuer General

Respondent

Procedural Posture

Valuation Appeal / Final Determination Post Conciliation Conference

Legal Issues

  1. 1 What is the appropriate land value for 454A Burraneer Road, Coomba Park NSW 2428 (Lot 5812) for the valuing year 1 July 2022 under s 6A of the Valuation of Land Act 1916?
  2. 2 Has the Court’s jurisdictional prerequisites for disposing of the appeal in accordance with the parties’ agreement been satisfied?

Ratio Decidendi

The Court upheld the appeal and amended the land value to $1,250,000 pursuant to s 6A Valuation of Land Act 1916, with disposal of proceedings consistent with the parties’ agreement during conciliation, as the agreement was one the Court could properly make under s 34(3) LEC Act.

Court Disposition

Appeal upheld; land value amended

Orders

  • The appeal is upheld.
  • The land value of 454A Burraneer Road, Coomba Park NSW 2428 (identified as Lot 5812 in Deposited Plan 1242544) is amended to $1,250,000 for the valuing year 1 July 2022, in accordance with s 6A of the Valuation of Land Act 1916.