J & M Mir & Others v Valuer General [2009] NSWLEC 15

J & M Mir & Others v Valuer General [2009] NSWLEC 15

In the interests of justice, the Applicants should not be required to proceed to hearing without the town planning evidence their advisers recommended, where town planning issues were legitimate in the valuation appeal, the Respondent did not identify particular prejudice beyond delay and costs, and any prejudice could be adequately addressed by orders that the Applicants pay the motion costs and costs thrown away. The Acting Registrar's decision was therefore discharged and leave granted to rely on the Grech report, with the hearing dates vacated.

Jurisdiction
Australia
Judgment Date
16 February 2009
Procedural Posture
Class 3 Valuation Appeal / Review of Acting Registrar's Refusal of Leave to Adduce Further Evidence by Notice of Motion Filed on 9 February 2009
Outcome
Notice of Motion upheld; Acting Registrar's decision discharged; leave granted to rely on the town planning report; hearing dates vacated; Applicants ordered to pay specified costs.
Legal Topics
["review of Registrar's Decision" 'leave to Adduce Additional Evidence' 'vacation of Hearing Dates' 'town Planning Evidence in Valuation Appeal' 'costs Thrown Away']
['practice and Procedure' 'land Valuation'] ["review of Registrar's Decision" 'leave to Adduce Additional Evidence' 'vacation of Hearing Dates' 'town Planning Evidence in Valuation Appeal' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 3 Valuation Appeal / Review of Acting Registrar's Refusal of Leave to Adduce Further Evidence by Notice of Motion Filed on 9 February 2009

Legal Issues

  1. 1 ["Whether the Court should review and discharge the Acting Registrar's decision refusing leave to adduce the town planning report of Paul A Grech." 'Whether the Applicants should be granted leave to file, serve and rely on additional town planning evidence shortly before the fixed hearing dates.' 'Whether any delay or prejudice to the Respondent should prevent leave being granted or could be addressed by costs.' 'Whether the hearing dates of 23-26 February 2009 should be vacated if leave were granted.']

Ratio Decidendi

In the interests of justice, the Applicants should not be required to proceed to hearing without the town planning evidence their advisers recommended, where town planning issues were legitimate in the valuation appeal, the Respondent did not identify particular prejudice beyond delay and costs, and any prejudice could be adequately addressed by orders that the Applicants pay the motion costs and costs thrown away. The Acting Registrar's decision was therefore discharged and leave granted to rely on the Grech report, with the hearing dates vacated.

Court Disposition

Notice of Motion upheld; Acting Registrar's decision discharged; leave granted to rely on the town planning report; hearing dates vacated; Applicants ordered to pay specified costs.

Orders

  • ['The decision of the Registrar of 6 February 2009 is discharged.' 'Leave is granted for the Applicant to file, serve and rely on a Town Planning Report prepared by Paul A Grech of Don Fox Planning dated January 2009.' 'The hearing dates of 23, 24, 25 and 26 February 2009 are vacated.' "The Applicants are ordered to...