Perilya Broken Hill Limited v Valuer General (No 4)

Land and Environment Court New South Wales Medium Neutral Citation: Perilya Broken Hill Limited v Valuer General (No 4) [2014] NSWLEC 97 Hearing dates:15 July 2014Decision date: 15 July 2014 Jurisdiction:Class 3Before: Biscoe J Decision: Orders as per [20] of judgment. Catchwords: PRACTICE AND PROCEDURE - valuation appeal - error of law by primary judge - remitted by Court of appeal to this Court to redetermine - order made by this Court that factual findings made by primary judge and not disturbed by Court of Appeal are not to be reopened without leave of the court - applicant moves for leave to reopen factual findings - whether the motion should be stood over to the hearing or determined prior to the hearing. Legislation Cited: Valuation of Land Act 1916 s 6A Cases Cited: Perilya Broken Hill Ltd v Valuer-General [2012] NSWLEC 235 Perilya Broken Hill Limited v Valuer General (No 3) [2013] NSWLEC 215 Valuer-General v Perilya Broken Hill Limited [2013] NSWCA 265, (2013) 195 LGERA 416 Category:Procedural and other rulingsParties: Perilya Broken Hill Limited (Applicant) Valuer General (Respondent) Representation: COUNSEL: R P L Lancaster SC (Applicant) T S Hale SC and M Carpenter (Respondent) SOLICITORS: Sparke Helmore (Applicant) Crown Solicitors' Office (Respondent) File Number(s):30076/11 JudgmentIn this remitter from the Court of Appeal, the applicant moves for leave to reopen facts determined at the first hearing and not disturbed by the Court of Appeal. The issue before me is whether the motion should be stood over to the final hearing,...