Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. These proceedings commenced with the filing of a statement of claim on 30 July 2021. The plaintiff is claiming damages arising from treatment, including spinal surgery, she says was negligently performed by the defendant in 1999 and 2000. The defendant was an orthopaedic surgeon. He has since retired. 2. The plaintiff was an adult when the surgery was performed. She is now 77 y...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: By summons filed on 28 April 2025 Peter and Helen Petrou (the applicants) seek leave to appeal under s 101(2)(e) of the Supreme Court Act 1970 (NSW) against orders dated 19 February 2025 of Lindsay J (19 February 2025 orders) setting aside earlier orders his Honour had made on 18 November 2024 (18 November 2024 orders). The 18 November 2024 orders were made following ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. WARD P: This appeal arises out of the failed attempt by the first appellant, Mr Bernard Fussell, to purchase an industrial site at Camellia (the Property). Mr Fussell entered into a contract for sale of land dated 10 May 2012 with the owner, Mr James Lockrey, to acquire the Property for $1.7 million with a 5-year deferred settlement date (the sale contract). Mr Fussell did not s...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This case involves default on a loan agreement secured by a guarantee and mortgage over real property in Strathfield and came before the Court on Tuesday this week in circumstances of some urgency. While the urgency had diminished to a degree by the time the matter was heard, it remained important to resolve the current issue quickly. 2. By an amended notice of motion filed 17 ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: This appeal and cross-appeal arise out of a challenge by Uber Australia Pty Ltd (Uber), a wholly owned entity within the Uber group of companies, to the assessment by the Chief Commissioner of State Revenue (Chief Commissioner) of payroll tax liability in respect of payments made to "Uber" drivers/partners. The difference between drivers and partners is explained by t...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: Grapple Pay Pty Ltd, the appellant (Grapple), appeals against orders made by Nixon J (the primary judge) in the Equity Division of the Supreme Court (the Court below) on 18 February 2025. The proceedings in the Court below ultimately turned on whether the transfer of rural property at Bentley, north-west of Lismore (the property), by Jarrod Conroy (whose trustee in ba...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. MITCHELMORE JA: On 24 October 2023, the applicant was found guilty after a trial in the District Court before Judge English sitting with a jury at Lismore of the following offences: 1) one count of detain with intent to obtain an advantage, namely psychological satisfaction, contrary to s 86(1)(b) of the Crimes Act 1900 (NSW) (count 2); and 2) three counts of common assault co...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This is a review of a decision made by the Department of Climate Change, Energy the Environment and Water ("Respondent") to refuse access to certain information. The information sought by the applicant, Mr Sean Purcell ("Applicant") concerns a voluntary public interest disclosure he had made. Background 2. The Applicant was a Senior Policy Officer with Heritage NSW in its Abor...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. LEEMING JA: I agree with N Adams J that the sentence imposed by the District Court was manifestly inadequate, that this Court should intervene on the bases of each of grounds 1 and 2, and with the sentence her Honour imposes. 2. Whether or not the respondent was at the "same level" of the "hierarchy" or "slightly above" or "slightly below" the level of his co-offender on one of...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) being an appeal against the refusal of Modification application under s 4.55(2) to amend approved DA1383/2021 to vary the Indicative Layout Plan (ILP) and update supporting plans and documents (Proposed Modification) at 470 Fourth Avenue, Aus...