NSW Golf Club Ltd v Valuer General [2007] NSWLEC 322

NSW Golf Club Ltd v Valuer General [2007] NSWLEC 322

In the context of Part 16 Rule 4(2), the applicant's partial success in reducing the Valuer General's contended value, its commercial position as lessee, and its late informal settlement offer did not make it fair and reasonable to depart from the underlying presumption that there be no costs order in administrative valuation appeal proceedings, particularly where both parties acted in good faith and neither position was irrational apart from the discrepancy between valuations.

Jurisdiction
Australia
Judgment Date
06 June 2007
Procedural Posture
Class 3 Valuation Appeal; Application for Costs / Costs Application After Determination of Land Value
Outcome
Application dismissed.
Legal Topics
['costs in Valuation Appeals' 'fair and Reasonable Costs Order' 'valuation Objection' 'land Value Under the Valuation of Land Act 1916']
['costs' 'land Valuation' 'administrative Law'] ['costs in Valuation Appeals' 'fair and Reasonable Costs Order' 'valuation Objection' 'land Value Under the Valuation of Land Act 1916']

Case Brief

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Procedural Posture

Class 3 Valuation Appeal; Application for Costs / Costs Application After Determination of Land Value

Legal Issues

  1. 1 ["Whether it was fair and reasonable under Part 16 Rule 4(2) to order the respondent to pay the applicant's costs in valuation appeal proceedings." "Whether the applicant's partial success, commercial position as lessee, and informal settlement offer justified departure from the ordinary position of no costs order in administrative appeal proceedings."]

Ratio Decidendi

In the context of Part 16 Rule 4(2), the applicant's partial success in reducing the Valuer General's contended value, its commercial position as lessee, and its late informal settlement offer did not make it fair and reasonable to depart from the underlying presumption that there be no costs order in administrative valuation appeal proceedings, particularly where both parties acted in good faith and neither position was irrational apart from the discrepancy between valuations.

Court Disposition

Application dismissed.

Orders

  • ['The application is dismissed.' "The applicant pay the respondent's costs of the application for a costs order."]