Joseph v Valuer General [2010] NSWLEC 96

Joseph v Valuer General [2010] NSWLEC 96

Although the delay from the 2006 determination to the 12 March 2010 filing was very considerable, the applicant had adequate reasons for delay arising from his dealings with the Authority and the absence of advice about the appeal time limit, the Valuer General claimed no prejudice, and the valuation material provided some basis for an arguable case. The discretion under s 38(2) was therefore exercised to allow the late appeal.

Jurisdiction
Australia
Judgment Date
01 June 2010
Procedural Posture
Class 3 Appeal Under S 37 of the Valuation of Land Act 1916 No 2 From the Valuer General's Determination of Land Value / Application for Extension of Time Under S 38(2) of the Valuation of Land Act 1916 No 2
Outcome
Extension of time granted; applicant allowed to appeal after the sixty day appeal period.
Legal Topics
['extension of Time to Commence Appeal' 'valuation Objection Determination' 'land Value Assessment']
['practice and Procedure' 'land Valuation'] ['extension of Time to Commence Appeal' 'valuation Objection Determination' 'land Value Assessment']

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Procedural Posture

Class 3 Appeal Under S 37 of the Valuation of Land Act 1916 No 2 From the Valuer General's Determination of Land Value / Application for Extension of Time Under S 38(2) of the Valuation of Land Act 1916 No 2

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion under s 38(2) of the Valuation of Land Act 1916 No 2 to allow an appeal after the sixty day period imposed by s 38(1).' 'Whether the length of delay, reasons for delay, prejudice to the Valuer General, and existence of an arguable case justified an extension of time.']

Ratio Decidendi

Although the delay from the 2006 determination to the 12 March 2010 filing was very considerable, the applicant had adequate reasons for delay arising from his dealings with the Authority and the absence of advice about the appeal time limit, the Valuer General claimed no prejudice, and the valuation material provided some basis for an arguable case. The discretion under s 38(2) was therefore exercised to allow the late appeal.

Court Disposition

Extension of time granted; applicant allowed to appeal after the sixty day appeal period.

Orders

  • ['Pursuant to s 38(2) of the Valuation of Land Act 1916, the applicant is allowed to appeal after the sixty day period for making the appeal provided in s 38(1) of the Valuation of Land Act.' 'The time for filing an appeal be extended to 12 March 2010 and the application Class 3 purported to have been lodged on that...