Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HER HONOUR: This is a claim for contractual damages. The plaintiffs (the developer) seek $20 million from the Department of Defence for breach of a lease, under which Defence was obliged to remediate land and 'make good' the leased premises at the end of the lease. 2. The developer has since redeveloped the land, together with adjoining land, into an intermodal terminal facilit...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. COMMISSIONER: This appeal concerns a development application for the demolition of existing structures and the construction of a five (5) storey shop top housing development containing two (2) commercial units, thirteen (13) apartments and basement parking at 1025 Botany Road, Mascot (Lots 2 and 3 in Section 2 DP 4089). The applicant lodged an appeal pursuant to s 8.7 of the Env...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. LEEMING JA: The second and third appellants, Mr David Carr and Ms Rosalind Carr, and their company, the first appellant David & Ros Carr Holdings Pty Ltd (DRCH), appeal from the dismissal of proceedings brought by them and heard over eight days in the Equity Division of this Court. The appeal is opposed by Mr Ivan Ritossa and Ms Marina Ritossa, the first and second respondents. ...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. COMMISSIONER: Bruce Gibson has made a Tree Permit Application to the Council of the City of Sydney (the Council) to remove an existing Cedrus deodora, or Himalayan Cedar, that is situated within his garden at 2 Burren St, Erskineville, and to replace it with two small canopy trees. The Council has refused this application, and it is from this refusal that these proceedings arise...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. DAVIES J: The applicant was charged with the following offences to which he pleaded not guilty: Counts 1 and 2: Intimidation contrary to s 13(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW). The maximum penalty for this offence is 5 years imprisonment and there is no standard non-parole period. Counts 3 to 6: Sexual intercourse without consent contrary to s 61...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. Casumo Constructions Pty Ltd is a licensed builder of residential works. In these proceedings, the Owners Corporation of Strata Plan 88695 alleges that Casumo breached its duties under the Design and Building Practitioners Act 2020 (NSW) and the Home Building Act 1989 (NSW) by, inter alia, installing defective aluminium composite panels (ACPs) in three residential apartment buil...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HIS HONOUR: Rugby league in Australia is a community-based sport with a rich history dating back to 1908. [1] Operating from 2012, the controlling body for rugby league in Australia is the Australian Rugby League Commission. It "has responsibilities for fostering, developing and funding the game from the junior to the elite levels" and organises various competitions including re...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. The Offender Ellise Hosking is to be sentenced having pleaded guilty to a single count on an indictment which is in the following terms: That between 8 September 2016 and 31 January 2020 at Muswellbrook and other places she engaged directly or indirectly in transactions involving the proceeds of crime, being $1,091,545, in circumstances where there were reasonable grounds to sus...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. This is a rather unfortunate dispute between a mother and son. 2. There are two aspects to the controversy that I am asked to quell: 1) Whether the plaintiff (the son) should be granted leave to discontinue his claim or whether it should be dismissed. 2) Associated with the first issue, whether the plaintiff should be ordered to pay the defendant's costs of the proceedings an...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HER HONOUR: In these proceedings, the plaintiff builder sues the defendant owner for unpaid amounts under a building contract, together with lost profits said to flow from termination of that contract. The defendant owner cross-claims against the builder and the superintendent, alleging that the building works were not performed with reasonable care and skill. The matter has yet...