Valuer-General v Sydney Fish Market Pty Ltd [2023] NSWCA 52

Valuer-General v Sydney Fish Market Pty Ltd [2023] NSWCA 52

Section 9(1) of the Fish Marketing Act 1994 did not confer a power to grant a lease; the power to grant the subject lease derived from s 34 of the Crown Lands Act 1989. The lease was thus in force under the Crown Lands Act as at the relevant transitional date, so under cl 26(1) of Schedule 7 of the Crown Land...

Source-derived case information.

Parties
Applicant: Valuer-General; Respondent: Sydney Fish Market Pty Ltd
Jurisdiction
Australia
Judgment Date
28 March 2023
Procedural Posture
Appeal / Court of Appeal Decision After Grant of Leave
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
Crown Land, Statutory Construction, Valuation of Land, Transitional Provisions, Leasehold Estates, Interpretation of Enabling Statutes
Property Law Administrative Law Statutory Interpretation Crown Land Statutory Construction Valuation of Land Transitional Provisions Leasehold Estates +1 more

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Parties

Valuer-General

Applicant

Sydney Fish Market Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision After Grant of Leave

Legal Issues

  1. 1 Whether the lease granted in 1994 over Crown land was 'Crown lease restricted' for the purposes of s 14I of the Valuation of Land Act 1916 (NSW)
  2. 2 Whether the lease was in force under the Crown Lands Act 1989 (NSW)
  3. 3 Whether the vesting of land in 2007 from the Crown to the State Property Authority altered its status for valuation purposes

Ratio Decidendi

Section 9(1) of the Fish Marketing Act 1994 did not confer a power to grant a lease; the power to grant the subject lease derived from s 34 of the Crown Lands Act 1989. The lease was thus in force under the Crown Lands Act as at the relevant transitional date, so under cl 26(1) of Schedule 7 of the Crown Land Management Act 2016 it continued as a lease under the Crown Land Management Act, making the land 'Crown lease restricted' for the purposes of the Valuation of Land Act. The vesting of the land in the State Property Authority did not change the character of the lease or its status under the transitional provisions.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • Leave to appeal granted.
  • Appeal dismissed with costs.