Recent Cases

Valuer-General v Sydney Fish Market Pty Ltd [2023] NSWCA 52 (28 March 2023) (Leeming, Mitchelmore and Kirk JJA)


Catchwords:


CROWN LAND – “Crown lease restricted” – Crown land – whether lease granted in 1994 over Crown land resulted in land being “Crown lease restricted” for purposes of Valuation of Land Act 1916 (NSW), s 14I – whether lease a “holding” for purposes of Valuation of Land Act – whether lease granted under Crown Lands Act 1989 (NSW) or Fish Marketing Act 1994 (NSW) – significance of transfer of land in 2006 from Crown to State Property Authority – whether vesting of land in a statutory authority caused land to cease to be Crown land

STATUTORY CONSTRUCTION – whether lease granted in 1994 over Crown land was exercise of power under Crown Lands Act 1989 or Fish Marketing Act 1994 or both – significance of identity of Minister executing lease – significance of preconditions to exercise of power under Crown Lands Act – whether implied repeal – whether Fish Marketing Act displaced Crown Lands Act – importance of identifying whether in fact Fish Marketing Act conferred power at all