Genovese v Valuer General of NSW [2024] NSWLEC 1198

Genovese v Valuer General of NSW [2024] NSWLEC 1198

Because the proceedings were within Class 3 jurisdiction, the statutory prerequisites for the valuation appeal were satisfied, and the parties' agreed decision was one the Court could have made under s 40(1)(b) of the Valuation of Land Act 1916, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
18 April 2024
Procedural Posture
Class 3 Valuation Appeal Under S 37(1) of the Valuation of Land Act 1916 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
The appeal is upheld.
Legal Topics
['valuation Appeal' 'land Value' 'conciliation Conference' 'class 3 Jurisdiction' 'valuation of Land Act 1916']
['land Valuation' 'land and Environment Court'] ['valuation Appeal' 'land Value' 'conciliation Conference' 'class 3 Jurisdiction' 'valuation of Land Act 1916']

Case Brief

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Procedural Posture

Class 3 Valuation Appeal Under S 37(1) of the Valuation of Land Act 1916 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court had jurisdiction in Class 3 to determine the valuation appeal.' "Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether the land value for the 2022 valuing year should be amended under s 6A of the Valuation of Land Act 1916.']

Ratio Decidendi

Because the proceedings were within Class 3 jurisdiction, the statutory prerequisites for the valuation appeal were satisfied, and the parties' agreed decision was one the Court could have made under s 40(1)(b) of the Valuation of Land Act 1916, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

The appeal is upheld.

Orders

  • ['The appeal is upheld.' 'The land value of the land legally described as Lots 1, 2, 3, 4, 5 and 6 in Community/Strata Plan 89354 and NSW Maritime lease 30003283, known as 86 St George Crescent, Drummoyne NSW 2047 is amended to $10,200,000 for the 2022 valuing year, in accordance with s 6A of the Valuation of Land...