Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. The applicant makes an application for a certificate under the Costs in Criminal Cases Act 1967 (NSW) ('the Act') following verdicts of not guilty on four counts. The verdicts were entered following a Judge-alone trial (special hearing): R v Parkes [2025] NSWDC 144 (Parkes). 2. The application is opposed by the Crown. Background 3. On the night of 12 May 2022, George Beshara ...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On 9 July 2025 I gave judgment for Ms Kearney in these possession proceedings: Kearney v Tamworth Poly Tanks Pty Ltd [2025] NSWSC 729. The parties later agreed on the final orders in terms specified in Ms Kearney's 1 August submissions. 2. In issue remained costs and a claim in relation to a structure on the disputed property referred to as the linking shed. Costs 3. Ms Kearn...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. In May 2019 Mr Rezai was injured while working at a construction site. He sues Build Tech as occupier of the site, alleging that it breached the duty of care which it owed him, as did his employer Sydney Wide Bricklaying & Tiling Pty Ltd, also a defendant. His claims are all defended and Build Tech also claims that Mr Rezai was contributorily negligent. 2. Build Tech served a s...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. In 1987 Michael Murdoch and four co-offenders were tried and convicted of the abduction, sexual assault and murder of Anita Cobby. They are each serving a life sentence with no possibility of parole. Mr Murdoch continues to maintain that he has been wrongfully convicted on evidence manufactured by detectives and wishes to challenge both his conviction and the sentence imposed. ...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On 26 March 2025, I made orders relevantly to the following effect: (2) Leave is granted to the plaintiffs to file a notice of discontinuance on the following terms: (a) the plaintiffs discontinue the whole of the proceedings; (b) the plaintiffs to pay the first defendant's costs of the proceedings; (c) the plaintiffs to pay the second defendants' costs of the proceedings on...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. This is an appeal arising out of the decision of Senior Member G Ellis SC in the Consumer and Commercial Division, which was given on 19 February 2025, in which he dismissed an application of the applicant (Ms Musumeci), who is the appellant, against the first respondent, the owners corporation, and the second and third respondents, Mary Buckley and Christopher Farncomb, seeking...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. This matter concerns a refusal of the Respondent to grant to the Applicant a renewal of his contractor licence and refusal to grant a qualified supervisor certificate in the category of builder (the Decisions). 2. The Decisions were made on the ground that the Applicant was not a fit and proper person consistent with sections 20(1) and 25(1)(a) of the Home Building Act 1989 (NS...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. This is an application for administrative review of a decision of Insurance and Care NSW (the respondent) concerning an application made under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) for access to information contained in a Cost of Claims Report (CCR). 2. The applicant sought orders in these proceedings for her name to be suppressed on the basis tha...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On 5 March 2024, Mr Craigh McNeill (the appellant) made an access application under the Government Information (Public Access) Act 2009 (NSW) (the GIPA Act) to Clarence Valley Council (the Council or the respondent). In response to the access application, the respondent provided certain documents and withheld (or redacted) other documents on the basis that information contained ...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. This appeal concerns disputes between an owners corporation constituted by the appellant (the OC) and a number of respondents. 2. The appeal is brought in respect of a decision and orders made on 8 January 2025. In addition to the 8 January 2025 orders and reasons for decision, there are two earlier Tribunal proceedings and decisions between the OC and those respondents in thes...