Sapphire Suite Pty Ltd v Valuer General of NSW [2023] NSWLEC 1331

Sapphire Suite Pty Ltd v Valuer General of NSW [2023] NSWLEC 1331

The parties' agreement to confirm the land value of $3,990,000 for the 2021 valuation year was a decision the Court could have made under s 40(1)(a) of the Valuation of Land Act 1916 in the proper exercise of its functions, so s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
30 June 2023
Procedural Posture
Class 3 Valuation Appeal / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal was dismissed and the land value was confirmed at $3,990,000 for the Valuing Year 1 July 2021.
Legal Topics
['valuation Appeal' 'land Value Objection' 'conciliation Conference' 'agreement Between the Parties' 'confirmation of Land Value']
['valuation of Land' 'land and Environment'] ['valuation Appeal' 'land Value Objection' 'conciliation Conference' 'agreement Between the Parties' 'confirmation of Land Value']

Case Brief

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Procedural Posture

Class 3 Valuation Appeal / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court should dispose of the proceedings in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979.' "Whether the parties' agreed decision to confirm the land value was a decision the Court could have made in the proper exercise of its functions." "Whether a Commissioner could make the parties' agreed costs order."]

Ratio Decidendi

The parties' agreement to confirm the land value of $3,990,000 for the 2021 valuation year was a decision the Court could have made under s 40(1)(a) of the Valuation of Land Act 1916 in the proper exercise of its functions, so s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was dismissed and the land value was confirmed at $3,990,000 for the Valuing Year 1 July 2021.

Orders

  • ['The appeal is dismissed.' 'The land value of the property legally described as Lot 1 in Deposited Plan 102650, known as 70-70A Darlinghurst Road, Potts Point NSW 2011 is confirmed as $3,990,000 for the Valuing Year 1 July 2021, in accordance with s 6A of the Valuation of Land Act 1916.']