Mir v Valuer General [2010] NSWLEC 201

Mir v Valuer General [2010] NSWLEC 201

Leave to appeal after expiry of the 60 day period was appropriate because the delay was short, being only a few days; the reason for delay could be inferred from medical evidence concerning a stress-related condition; the Valuer General conceded no prejudice; and it was not suggested that the applicant lacked an arguable case. The medical evidence also justified standing the proceedings over for six months.

Jurisdiction
Australia
Judgment Date
08 October 2010
Procedural Posture
Class 3 Valuation Appeal / Application Under S 38(2) of the Valuation of Land Act 1916 to Allow an Appeal After Expiry of the 60 Day Period, and Application to Stand Proceedings Over
Outcome
Application granted; appeal allowed to proceed out of time and proceedings stood over for directions.
Legal Topics
['extension of Time to Appeal' 'valuer General' 'exercise of Discretion Under S 38(2) of the Valuation of Land Act 1916' 'stand Over of Proceedings']
['land Valuation' 'administrative Law'] ['extension of Time to Appeal' 'valuer General' 'exercise of Discretion Under S 38(2) of the Valuation of Land Act 1916' 'stand Over of Proceedings']

Case Brief

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Procedural Posture

Class 3 Valuation Appeal / Application Under S 38(2) of the Valuation of Land Act 1916 to Allow an Appeal After Expiry of the 60 Day Period, and Application to Stand Proceedings Over

Legal Issues

  1. 1 ['Whether the applicants should be allowed to appeal under s 38(2) of the Valuation of Land Act 1916 after the 60 day period in s 38(1) had expired.' "Whether the proceedings should be stood over for six months on the basis of medical evidence concerning Mr Mir's health."]

Ratio Decidendi

Leave to appeal after expiry of the 60 day period was appropriate because the delay was short, being only a few days; the reason for delay could be inferred from medical evidence concerning a stress-related condition; the Valuer General conceded no prejudice; and it was not suggested that the applicant lacked an arguable case. The medical evidence also justified standing the proceedings over for six months.

Court Disposition

Application granted; appeal allowed to proceed out of time and proceedings stood over for directions.

Orders

  • ['Pursuant to s 38(2) of the Valuation of Land Act 1916 the applicant is allowed to appeal after the 60 day period provided in s 38(1).' 'The time for filing an appeal be extended to 20 August 2010 and the Application in class 3 purported to have been lodged on that date now be treated as having instituted the...