Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 12 March 2025, I delivered my judgment in this matter: Gaynor v Burns [2025] NSWSC 185. The plaintiff was unsuccessful. I ordered that he pay the costs of the fourth defendant, who was the only active contradictor. On 21 March 2025, I went on extended leave. 2. On 25 March 2025, the plaintiff filed a notice of motion seeking to set aside the costs order I made on 12 March 20...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. Mr Ross Stringer and Ms Diane Stringer ("the Appellants") seek leave to appeal against the order of the Tribunal made on 28 November 2024 dismissing their application for orders against the then adjoining owner of their land, 22 Kapital Pty Ltd t/as 22 Kapital Pty Ltd ("the Respondent") under the Dividing Fences Act 1991 ("the Act") for fencing work involving the removal of a fe...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. WRIGHT J: I agree with Rigg J. 2. WEINSTEIN J: I agree with Rigg J. 3. RIGG J: On 4 July 2023 the applicant Tarun Kumar was convicted after a trial by jury, presided over by his Honour M L Williams SC DCJ, of two counts of sexually touching the complainant without her consent, and one count of having sexual intercourse with her without her consent, all in circumstances of aggr...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. COMMISSIONER: The Applicant lodged a development application (DA-15/2024) with Liverpool City Council (the Council) for the demolition of existing structures, subdivision of an existing allotment into two Torrens Title Lots and the construction of two 2-storey semi-detached dwellings. The development is proposed at 80 Green Valley Road, Busby (Lot 1128 DP 224957). The developmen...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. Giuseppe Marino applied for a contractor licence under the Home Building Act 1989 (NSW) in the categories of plumber, drainer, gasfitter and LP gasfitter. The Secretary, Department of Customer Service, the appellant, refused the application on the basis that Mr Marino did not satisfy the relevant experience requirements for the licence. That decision was affirmed by the appellan...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Northern Beaches Council, of Development Application DA2024/1370. This application seeks consent for the demolition of existing structures and the removal of vegetation, and the construction of a new dwelling, studio and swimming pool, and landscaping works at 42 and 42A Cabarita Road, Avalon Bea...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 24 September 2024, at the application of SafeWork NSW (the prosecutor), a summons was issued by this Court alleging that Tattam Express Pty Ltd (the defendant), a person who had a work, health and safety duty pursuant to s 19(1) of the Work Health and Safety Act 2011 (NSW) (WHS Act) failed to comply with that duty and thereby exposed workers, in particular Mr Wayne Skinner, t...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. COMMISSIONER: Morteza Mokhtari (the applicant) and Mahsa Amirabdollahian (his wife) purchased their Pennant Hills property in 2022. On the neighbouring property belonging to Nitin Mediratta (the respondent), a mature pecan tree grows alongside the timber paling fence on the boundary that divides the two properties. The tree has damaged the fence. Mr Mokhtari says it has also dis...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. THE COURT: On 9 December 2021, following a 13-day trial, ZT, who was a child at the time of the murder, was convicted in the Supreme Court sitting at Wagga Wagga. He appealed against his conviction to this Court: ZT v R [2023] NSWCCA 241. In those proceedings, Kirk JA and Sweeney J upheld the sole ground of appeal, that ZT's conviction of murder was unreasonable or could not be ...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. Before the Court for determination is an Amended Notice of Motion filed on 21 May 2025 by the plaintiff, seeking leave under s 151D of the Workers Compensation Act 1987 (NSW) ("the Act") to commence proceedings more than three years after the date on which an alleged injury was received. 2. Under s 151D(2) of the Act, the Court may grant leave to a plaintiff to commence procee...