Jassls Pty Limited v Valuer General [2006] NSWLEC 59

Jassls Pty Limited v Valuer General [2006] NSWLEC 59

Leave under s 38(2) was granted because the 45 day delay was not excessive, the applicant gave a reasonable explanation for the delay, the Valuer General did not assert any prejudice and had no proprietary interest in the outcome, and the applicant's valuation report valuing the land at $1,000,000 established an arguable case against the Valuer General's $2,000,000 valuation.

Jurisdiction
Australia
Judgment Date
08 February 2006
Procedural Posture
Class 3 Valuation Appeal / Notice of Motion for Leave to Appeal Under S 38(2) of the Valuation of Land Act 1916 (nsw) After Expiry of the 60 Day Appeal Period
Outcome
Applicant allowed to appeal after the 60 day period; time for filing an appeal extended; each party to pay their own costs of the notice of motion.
Legal Topics
['extension of Time to Appeal' 'valuer General Determination' 'valuation Objection' 'valuation of Land Act 1916 (nsw)']
['practice and Procedure' 'land Valuation'] ['extension of Time to Appeal' 'valuer General Determination' 'valuation Objection' 'valuation of Land Act 1916 (nsw)']

Case Brief

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Procedural Posture

Class 3 Valuation Appeal / Notice of Motion for Leave to Appeal Under S 38(2) of the Valuation of Land Act 1916 (nsw) After Expiry of the 60 Day Appeal Period

Legal Issues

  1. 1 ['Whether the applicant should be allowed to appeal after the 60 day period for making an appeal under s 38(1) of the Valuation of Land Act 1916 (NSW) had expired.' 'Whether the relevant factors of length of delay, reason for delay, prejudice, and arguable case supported granting leave under s 38(2) of the Valuation of Land Act 1916 (NSW).']

Ratio Decidendi

Leave under s 38(2) was granted because the 45 day delay was not excessive, the applicant gave a reasonable explanation for the delay, the Valuer General did not assert any prejudice and had no proprietary interest in the outcome, and the applicant's valuation report valuing the land at $1,000,000 established an arguable case against the Valuer General's $2,000,000 valuation.

Court Disposition

Applicant allowed to appeal after the 60 day period; time for filing an appeal extended; each party to pay their own costs of the notice of motion.

Orders

  • ['Pursuant to s 38(2) of the Valuation of Lands Act 1916, the applicant is allowed to appeal after the 60 day period for making the appeal provided in s 38(1) of the Valuation of Lands Act 1916.' 'The time for filing an appeal be extended to 8 February 2006 and the application Class 3 purported to have been lodged...