Graham Trilby Pty Ltd v Valuer General [2017] NSWLEC 1044

Graham Trilby Pty Ltd v Valuer General [2017] NSWLEC 1044

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by making the agreed final orders.

Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Class 3 Appeal Concerning Land Valuation / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; land value determined; each party to bear their own costs.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'valuation of Land' 'final Orders']
['land Valuation' 'land and Environment Court Procedure'] ['conciliation Conference' 'agreement Between the Parties' 'valuation of Land' 'final Orders']

Case Brief

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Procedural Posture

Class 3 Appeal Concerning Land Valuation / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Determination of the land value of Lot 161 in DP 1007387 in Cattai Creek Drive, Kellyville, NSW, 2155 (PID 583166) at the base date of 1 July 2015.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by making the agreed final orders.

Court Disposition

Appeal upheld; land value determined; each party to bear their own costs.

Orders

  • ['The Appeal is upheld;' 'Pursuant to s.40(1)(b) of the Valuation of Land Act 1916, the land value of the property being Lot 161 in DP 1007387 in Cattai Creek Drive, Kellyville, NSW, 2155 (PID 583166) is determined to be $10,150,000 at the base date of 1 July 2015' 'Each party is to bear their own costs in these...