The Court set aside the Registrar's case management directions and ordered repleading of both parties' cases in a land valuation appeal under s 37(1) of the Valuation of Land Act 1916 (NSW). The Court held that if the Valuer General wishes to advance a positive case on appeal that the land value should differ from both its original valuation and the appellant's objection valuation, it must seek leave, demonstrating both the legal basis for doing so and why it is reasonable to put the appellant to the additional burden. The question of whether such a positive case is lawfully open to the Valuer General was left unresolved.
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