Spencer v Valuer General and Ors [2009] NSWLEC 128

Spencer v Valuer General and Ors [2009] NSWLEC 128

The ten orders sought in each Class 3 application were extraneous to the Valuation of Land Act 1916, could not properly be made under s 40, and did not relate to the nature of an appeal under s 37(1). The joinder of the second and third respondents was therefore improper, the proceedings against them should be dismissed, and the orders sought should be struck out. It was fair and reasonable to award ordinary costs because the second and third respondents were put to expense when they were not proper parties and the orders sought against them were outside the jurisdiction of the appeal.

Jurisdiction
Australia
Judgment Date
16 June 2009
Procedural Posture
Class 3 Statutory Valuation Objection Appeals Under S 37(1) of the Valuation of Land Act 1916 / Hearing of Amended Notices of Motion by the Second and Third Respondents Seeking Dismissal of the Proceedings Against Them With Costs
Outcome
Proceedings against the second and third respondents dismissed; orders 1 to 10 in each application struck out; applicant granted leave to amend; ordinary costs ordered in favour of the second and third respondents.
Legal Topics
['joinder of Parties' 'strike Out' 'statutory Appeal' 'valuation Objections' 'costs']
['practice and Procedure' 'land Valuation'] ['joinder of Parties' 'strike Out' 'statutory Appeal' 'valuation Objections' 'costs']

Case Brief

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Procedural Posture

Class 3 Statutory Valuation Objection Appeals Under S 37(1) of the Valuation of Land Act 1916 / Hearing of Amended Notices of Motion by the Second and Third Respondents Seeking Dismissal of the Proceedings Against Them With Costs

Legal Issues

  1. 1 ['Whether the second and third respondents were properly joined to appeals under s 37(1) of the Valuation of Land Act 1916' 'Whether the orders sought in the Class 3 applications could properly be made by the Court under s 40 of the Valuation of Land Act 1916' 'Whether the proceedings against the second and third respondents should be dismissed and the orders sought struck out' 'Whether costs should be ordered against the applicant in favour of the second and third respondents']

Ratio Decidendi

The ten orders sought in each Class 3 application were extraneous to the Valuation of Land Act 1916, could not properly be made under s 40, and did not relate to the nature of an appeal under s 37(1). The joinder of the second and third respondents was therefore improper, the proceedings against them should be dismissed, and the orders sought should be struck out. It was fair and reasonable to award ordinary costs because the second and third respondents were put to expense when they were not proper parties and the orders sought against them were outside the jurisdiction of the appeal.

Court Disposition

Proceedings against the second and third respondents dismissed; orders 1 to 10 in each application struck out; applicant granted leave to amend; ordinary costs ordered in favour of the second and third respondents.

Orders

  • ['The proceedings, as against the second and third respondents, be dismissed.' 'Orders 1 to 10 in each of the applications class 3 filed on 22 December 2008 are struck out.' "The applicant is granted leave to amend each application class 3 to seek orders appropriate to an appeal under s 37(1) of the Valuation of...