Perilya Broken Hill Limited v Valuer-General (No 2) [2012] NSWLEC 276

Perilya Broken Hill Limited v Valuer-General (No 2) [2012] NSWLEC 276

The Court declined to grant a stay, reverse Register alterations, provide a supplementary list, or restrain Perilya, because the original orders had been fully implemented and had no ongoing effect, subsequential actions were outside the scope of the original Court orders, and there was no power to make the orders sought under the relevant legislation or rules.

Jurisdiction
Australia
Judgment Date
20 December 2012
Procedural Posture
Appeal (class 3 Valuation) / Determination of Interlocutory Applications (stay, Joinder, Restraining Order) After Substantive Appeal Judgment
Outcome
Applications for stay, reversal, supplementary list, restraint and joinder dismissed. No order as to costs.
Legal Topics
['stay of Orders' 'land Value Alteration' 'power to Join Parties' 'restitution' 'costs in Valuation Appeals']
['valuation of Land' 'civil Procedure'] ['stay of Orders' 'land Value Alteration' 'power to Join Parties' 'restitution' 'costs in Valuation Appeals']

Case Brief

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Procedural Posture

Appeal (class 3 Valuation) / Determination of Interlocutory Applications (stay, Joinder, Restraining Order) After Substantive Appeal Judgment

Legal Issues

  1. 1 ['Whether Court can grant a stay of orders that have already taken effect and have no ongoing operation' 'Whether the Register of Land Values can be altered to reverse earlier alteration following court orders' 'Power of Court to restrain party from commencing proceedings to recover alleged overpayment of rates' 'Whether local council should be joined as a party']

Ratio Decidendi

The Court declined to grant a stay, reverse Register alterations, provide a supplementary list, or restrain Perilya, because the original orders had been fully implemented and had no ongoing effect, subsequential actions were outside the scope of the original Court orders, and there was no power to make the orders sought under the relevant legislation or rules.

Court Disposition

Applications for stay, reversal, supplementary list, restraint and joinder dismissed. No order as to costs.

Orders

  • ["The Valuer-General's notice of motion filed on 18 December 2012 is dismissed." "Broken Hill City Council's notice of motion filed on 10 December 2012 is dismissed."]