Fowler v Valuer General [2015] NSWLEC 133

It is appropriate to allow the applicant to prosecute his appeal despite being outside the 60 day period because the delay is explained, no prejudice is suffered by the respondent, and there appears to be an arguable case regarding the land value determination.

Jurisdiction: Australia
Judgment Date: 14 August 2015
Procedural Posture: Appeal / Application to Extend Time for Commencement of Appeal
Outcome: Extension of time to appeal granted
Legal Topics: ['extension of Time for Appeal' 'land Valuation' 'unregistered Easement']

['valuation Law' 'practice and Procedure'] ['extension of Time for Appeal' 'land Valuation' 'unregistered Easement']

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Procedural Posture

Appeal / Application to Extend Time for Commencement of Appeal

Legal Issues

1 ['Whether time should be extended to permit commencement of appeal outside the statutory 60 day period' 'Whether applicant has shown sufficient reason for delay' 'Whether prejudice would be suffered by respondent' 'Whether there is an arguable case regarding the land value determination']

Ratio Decidendi

Court Disposition

Extension of time to appeal granted

Orders

['The applicant is allowed to appeal after the 60 day period for making the appeal under s 38(2) of the Valuation of Land Act 1916 (NSW).' 'The time for filing an appeal is extended to 26 June 2015, the date on which the application was filed.' 'Leave granted for the parties to approach the Registrar for a date for...