Jenkyn v The Valuer General [2000] NSWLEC 280

Jenkyn v The Valuer General [2000] NSWLEC 280

Exceptional circumstances justifying a costs order in a valuation appeal were not established; a reduction in valuation by consent does not alone constitute exceptional circumstances, and no fundamental error or misleading conduct was proven by the Applicant.

Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Valuation Appeal (class 3) / Costs Determination After Consent Orders
Outcome
Applicant's motions for costs dismissed; Respondent awarded costs on the motions.
Legal Topics
['costs in Valuation Appeals' 'heritage Restrictions and Land Value' 'consent Orders' 'interpretation of Valuation of Land Act 1916']
['property Law' 'valuation Law'] ['costs in Valuation Appeals' 'heritage Restrictions and Land Value' 'consent Orders' 'interpretation of Valuation of Land Act 1916']

Case Brief

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Procedural Posture

Valuation Appeal (class 3) / Costs Determination After Consent Orders

Legal Issues

  1. 1 ["Whether exceptional circumstances exist to justify a costs order in a valuation appeal under the Court's Practice Direction Par 10A" 'Whether an error of fundamental valuation principle was made by the Valuer General concerning heritage restrictions']

Ratio Decidendi

Exceptional circumstances justifying a costs order in a valuation appeal were not established; a reduction in valuation by consent does not alone constitute exceptional circumstances, and no fundamental error or misleading conduct was proven by the Applicant.

Court Disposition

Applicant's motions for costs dismissed; Respondent awarded costs on the motions.

Orders

  • ["Each Applicant's Notice of Motion seeking costs is dismissed." "Each Applicant shall pay the Respondent's costs on the Motion in the sum agreed, or failing agreement, as assessed."]