Macapika Pty Ltd v Valuer General [2022] NSWLEC 1009

Macapika Pty Ltd v Valuer General [2022] NSWLEC 1009

As the parties reached an agreement in conciliation conference as to the value of the land and the Court was satisfied all relevant jurisdictional prerequisites were met, it was required to make orders confirming the Valuer General's determination and dismissing the appeal in accordance with s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Macapika Pty Ltd; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
07 January 2022
Procedural Posture
Appeal / Final Judgment After Conciliation Conference
Outcome
Appeal dismissed; land value confirmed as $216,000 as at 1 July 2019; each party to bear own costs.
Legal Topics
Objection to Determination of Land Value, Land Value Appeal Process, Confirmation of Valuer General’s Decision, Conciliation Procedure

Case Brief

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Parties

Macapika Pty Ltd

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Final Judgment After Conciliation Conference

  1. 1 Whether the value determined by the Valuer General should be confirmed
  2. 2 Whether jurisdictional prerequisites to confirm that value were satisfied

Ratio Decidendi

As the parties reached an agreement in conciliation conference as to the value of the land and the Court was satisfied all relevant jurisdictional prerequisites were met, it was required to make orders confirming the Valuer General's determination and dismissing the appeal in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal dismissed; land value confirmed as $216,000 as at 1 July 2019; each party to bear own costs.

Orders

  • The appeal is dismissed.
  • The land value of Lot 4732 in Deposited Plan 762575 at Paxtons, Parish of Woolpagerie, Balranald NSW as at 1 July 2019 is $216,000.