Lucky Tiger Pty Ltd v Valuer General [2022] NSWLEC 1667

Lucky Tiger Pty Ltd v Valuer General [2022] NSWLEC 1667

As the parties reached agreement at a conciliation conference on the proper land value and the decision was one the Court could have made, the Court must and does make orders reflecting the agreed value for the property as at 1 July 2021 under s 6A Valuation of Land Act 1916 and s 34(3) Land and Environment Court Act 1979.

Parties
First Applicant: Lucky Tiger Pty Ltd ATF The Lucky Tiger Trust; Second Applicant: Eastwood 88 Pty Ltd; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
02 December 2022
Procedural Posture
Valuation Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld
Legal Topics
Land Valuation, Appeals, Conciliation Conferences
Valuation Law Planning and Environment Law Land Valuation Appeals Conciliation Conferences

Case Brief

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Parties

Lucky Tiger Pty Ltd ATF The Lucky Tiger Trust

First Applicant

Eastwood 88 Pty Ltd

Second Applicant

Valuer General

Respondent

Procedural Posture

Valuation Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether the land value determined by the Valuer General for SP48982 as at 1 July 2021 was correct under s 6A of the Valuation of Land Act 1916

Ratio Decidendi

As the parties reached agreement at a conciliation conference on the proper land value and the decision was one the Court could have made, the Court must and does make orders reflecting the agreed value for the property as at 1 July 2021 under s 6A Valuation of Land Act 1916 and s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • The land value of the property legally described as SP48982, known as 2 Rowe Street, Eastwood NSW 2122 for the Valuing Year 1 July 2021 is determined as $7,515,000.00 in accordance with s 6A of the Valuation of Land Act 1916.