Ware Street Investments Pty Ltd v Valuer General

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Ware Street Investments Pty Ltd v Valuer General [2015] NSWLEC 1326 Hearing dates:Conciliation conference on 1 July 2015Date of orders: 01 July 2015 Decision date: 01 July 2015 Jurisdiction:Class 3Before: Maston AC Decision: See (4) below Catchwords: VALUATION OF LAND: conciliation conference; agreement between the parties; orders Legislation Cited: Valuation of Land Act 1916 Land and Environment Court Act 1979 Category:Principal judgmentParties: Ware Street Investments Pty Ltd (Applicant) Valuer General (Respondent) Representation: Counsel: Scott Nash (Applicant) Marion Carpenter (Respondent) Solicitors: Bud Cham, Bud Cham & Associates (Applicant) Sharon Gordon, Crown Solicitors Office (Respondent) File Number(s):30189 of 2015Judgment COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. In making the orders to give effect...