Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. On 3 June 2025, in this appeal, the Appeal Panel ordered that: 1) To the extent necessary, leave to appeal is granted. 2) The orders made on 31 October 2024 are set aside and are replaced with the orders below. 3) Pursuant to s 79N of the Fair Trading Act there be a declaration that the Appellants are relieved of any obligation to pay the Respondent in relation to work carrie...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. The first plaintiff, Dr Brett Gooley, is the son and the executor of the estate of the late Mr Melville Gooley, who died on 23 December 2017. 2. The second plaintiff, Service Gooley (GFT) Pty Ltd, (Service GFT) has been the trustee of the Gooley Family Trust since about 14 February 2023. The previous trustee - Cuthbert Rose Pty Ltd (Cuthbert Rose) - is not a party to these proc...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. This judgment involves an application by the defendants seeking security for costs. 2. The plaintiff/respondent is DRE Capital Pty Ltd (DRE Capital). It is represented by R Glasson of counsel. The first defendant/second applicant is Wixels Property Holdings Pty Ltd (Wixels). The second defendant/first applicant is Rosemarie Brenda Guerin. Both defendants are represented by A P ...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) being an appeal against the refusal of Development Application DA0330/22 seeking consent for alterations and additions to the existing shed structure and for change of use to a restaurant, including construction of an associated carparking ar...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. COMMISSIONER: Residential apartment development is proposed on a site on the western side of the Pacific Highway, close to the Roseville Railway Station, known as 26 Pacific Highway. 2. To this end, development application No. 0532/22 seeking consent for such development was lodged by the Applicant in these proceedings, Random Primer Pty Ltd, with Ku-ring-gai Council (the Counc...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the grant of consent subject to conditions of development application D/2024/1162 (DA) by the Council of the City of Sydney (Council). 2. The DA, as amended, seeks consent for alterations and additions to a terrace dwelling, including construction of n...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. This interlocutory judgment concerns two competing applications for discovery. 2. The plaintiff/cross-defendant in the substantive proceedings underlying this judgment is Berhero Pty Ltd t/as Acuity Funding, incorporated in Australia. Ranjit Thambyrajah (Mr Thambyrajah) is the plaintiff's managing and sole director. The plaintiff is represented by A Gander of counsel. The plain...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by Paramatta City Council of Development Application 837/2022. This application has been made by Rapisarda Holdings Pty Ltd as Trustee for the Rapisarda Property Trust, and seeks consent for the construction of an 11-storey mixed-use building containing ground floor retail/commercial space and 66 co...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. COMMISSIONER: Development consent was granted to DA2022/0001 on 14 August 2023 (DA). Modification Application No. MOD2024/0022 (MA) seeks to modify the development consent and has been refused by Georges River Council (Council). 2. The development consent provides for the erection of a dwelling house, swimming pool, retaining walls and fence, and alterations and additions to st...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. These proceedings arise out of a Deed of Put and Call Option entered into on 23 December 2021 between Sun Property and Investment Pty Limited (the plaintiff), David Elmasri and Nibal Elmasri (the defendants and cross-claimants) and Varinder Kaur and Nitka Khanna (the cross-defendants) in respect of a residential property at 393-395 Fifteenth Avenue, Austral, New South Wales, bei...