Cornish Group Spring Farm Pty Limited v Valuer General; Cornish Group Pty Limited v Valuer General [2009] NSWLEC 205

Cornish Group Spring Farm Pty Limited v Valuer General; Cornish Group Pty Limited v Valuer General [2009] NSWLEC 205

The Applicants' objections were valid because s 33 required lodgement in the Valuer-General's approved form, and the Applicants substantially complied with that form by completing it and identifying the grounds of objection, notwithstanding the omission of the land values contended for. The Review Guide was only informational and was not incorporated as a mandatory requirement of the approved form, so s 80(2) of the Interpretation Act 1987 did not apply. On that basis the objections were duly made for s 35B of the Valuation of Land Act 1916. In any event, the statutory scheme did not disclose an intention that any failure to provide all information considered relevant by the...

Jurisdiction
Australia
Judgment Date
01 December 2009
Procedural Posture
Class 3 Proceedings Concerning Objections to Land Valuations Under the Valuation of Land Act 1916 / Preliminary Question of Law
Outcome
Preliminary question answered in the affirmative; the Applicants lodged valid objections with the Valuer-General.
Legal Topics
['validity of Objections to Land Valuations' 'approved Forms and Substantial Compliance' 'right of Appeal From Determination of Valuation Objection' 'meaning of Objection Duly Made']
['land Valuation' 'administrative Law' 'statutory Interpretation'] ['validity of Objections to Land Valuations' 'approved Forms and Substantial Compliance' 'right of Appeal From Determination of Valuation Objection' 'meaning of Objection Duly Made']

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Procedural Posture

Class 3 Proceedings Concerning Objections to Land Valuations Under the Valuation of Land Act 1916 / Preliminary Question of Law

Legal Issues

  1. 1 ['Whether the Applicants lodged with the Valuer-General valid objections in law and for the purposes of the Valuation of Land Act 1916.' "Whether objections that omitted the Applicants' contended land values and comparable sales information were in the form approved by the Valuer-General under s 33 of the Valuation of Land Act 1916." 'Whether the Review Guide formed a mandatory part of the approved form so that non-compliance made the objections invalid or not duly made.' 'Whether any failure to comply with the objection requirements would invalidate the objections and prevent an appeal under s 37 of the Valuation of Land Act 1916.']

Ratio Decidendi

The Applicants' objections were valid because s 33 required lodgement in the Valuer-General's approved form, and the Applicants substantially complied with that form by completing it and identifying the grounds of objection, notwithstanding the omission of the land values contended for. The Review Guide was only informational and was not incorporated as a mandatory requirement of the approved form, so s 80(2) of the Interpretation Act 1987 did not apply. On that basis the objections were duly made for s 35B of the Valuation of Land Act 1916. In any event, the statutory scheme did not disclose an intention that any failure to provide all information considered relevant by the...

Court Disposition

Preliminary question answered in the affirmative; the Applicants lodged valid objections with the Valuer-General.

Orders

  • ['The Applicants have lodged with the Valuer-General valid objections in law and for the purposes of the Valuation of Land Act 1916.']