Tenstat Pty Ltd v Valuer-General [2013] NSWLEC 171

Tenstat Pty Ltd v Valuer-General [2013] NSWLEC 171

Tenstat is entitled to proceed with its statutory right of appeal under s 56A of the Land and Environment Court Act 1979 despite the Register already reflecting the outcome of Woolworths’ successful appeal. The statutory framework contemplates multiple proceedings and only a single land value at any given base date, and if Tenstat's appeal succeeds, the Register must be altered accordingly. There is no abuse of process in allowing the appeal to proceed, but procedural fairness requires Woolworths to be joined as a party to the appeal.

Parties
Applicant: Tenstat Pty Limited; Respondent: Valuer-General; Amicus Curiae: Woolworths Limited
Jurisdiction
Australia
Judgment Date
10 October 2013
Procedural Posture
Appeal / Interlocutory Ruling—whether Appeal May Proceed and Joinder of Party
Outcome
Appeal allowed to proceed; joinder of Woolworths Limited as respondent; directions listed.
Legal Topics
Joinder of Parties, Abuse of Process, Valuation of Land, Land Value Appeals, Appeal Procedure
Civil Procedure Joinder of Parties Abuse of Process Valuation of Land Land Value Appeals Appeal Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Tenstat Pty Limited

Applicant

Valuer-General

Respondent

Woolworths Limited

Amicus Curiae

Procedural Posture

Appeal / Interlocutory Ruling—whether Appeal May Proceed and Joinder of Party

Legal Issues

  1. 1 Whether Tenstat Pty Limited's appeal under s 56A of the Land and Environment Court Act 1979 has utility given a competing appeal determined for Woolworths Limited regarding the same land and valuation
  2. 2 Whether the appeal should be stayed or dismissed as an abuse of process
  3. 3 Whether Woolworths Limited should be joined as a respondent to the appeal

Ratio Decidendi

Tenstat is entitled to proceed with its statutory right of appeal under s 56A of the Land and Environment Court Act 1979 despite the Register already reflecting the outcome of Woolworths’ successful appeal. The statutory framework contemplates multiple proceedings and only a single land value at any given base date, and if Tenstat's appeal succeeds, the Register must be altered accordingly. There is no abuse of process in allowing the appeal to proceed, but procedural fairness requires Woolworths to be joined as a party to the appeal.

Court Disposition

Appeal allowed to proceed; joinder of Woolworths Limited as respondent; directions listed.

Orders

  • The appeal commenced by summons filed on 25 January 2013 may proceed to hearing on the grounds stated in that summons.
  • Woolworths Limited to be joined as a respondent to the appeal.