Background
Esperia Court Pty Limited appealed the Valuer-General’s determination of the land value of Lot 1 in DP 173763, 1 The Boulevarde, Strathfield, for the 1 July 2023 valuation year. The land is a 44.26-square-metre corner site in Strathfield.
The original valuation notice, issued with a land tax assessment on 9 January 2024, assessed the land at $2.43 million. After Esperia Court objected, the Valuer-General allowed the objection on 25 October 2024 and reduced the value to $1.66 million. Esperia Court nevertheless appealed that determination to the Land and Environment Court.
The Court’s Holding
Following a conciliation conference under s 34 of the Land and Environment Court Act 1979 (NSW), the parties agreed that the appeal should be dismissed. The Court was satisfied that the agreed outcome was one it could properly make and that the statutory requirements for the valuation appeal had been met.
Acting under s 40(1)(a) of the Valuation of Land Act 1916 (NSW), Acting Commissioner Davidson dismissed the appeal and confirmed the land value at $1.66 million for the 1 July 2023 valuation year. Each party was to bear its own costs.
Key Takeaways
- A valuation appeal may be resolved through a court-facilitated conciliation agreement.
- The Court must adopt the parties’ agreed outcome under s 34(3) only if it is an order the Court could properly make.
- The $1.66 million value set by the Valuer-General after allowing the objection was confirmed.
Why It Matters
The decision illustrates the Land and Environment Court’s role in giving effect to a negotiated outcome in a valuation appeal, once it is satisfied that the necessary statutory conditions are met. It also confirms that the appeal process can conclude without a contested valuation determination where the parties agree on a legally available result.