Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. A hearing has been set down for 13 August 2025, to consider the plaintiff's notice of motion for summary judgment and the second defendant's notice of motion for security for costs. 2) On 26 July 2025, the second defendant filed a notice of motion to vacate the hearing date of 13 August 2025. The motion also seeks orders for discovery of documents. I will refer to the second de...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. This is a judgment on costs. It follows my judgment on 26 June 2025, dismissing the appeal against the decision of Magistrate Brender dated 11 July 2024. As Norri indicated she was seeking a costs order based on a Calderbank offer, I vacated the costs order that I made when I handed down my judgment. 2. For convenience, and without intending any disrespect, I will refer to the ...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On 20 June 2025, by consent, Cavanagh J adjourned the hearing of the State's May 2025 motion to 4 August 2025: Longin v State of New South Wales (Unreported 20 June 2025). It seeking orders dismissing Ms Longin's September 2020 statement of claim for want of due despatch in circumstances where she has pleaded claims in negligence both personally and on behalf of her child as tut...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. In October 2021 Ms Neader, then aged 64, suffered an injury to her left knee when she twisted it while working as a manager at a retail shop which was being prepared to re-open after the Covid 19 lockdown. The injury occurred while she was lifting bags of rubbish to place into a bin. She continued to work for about half an hour, the remainder of her shift, but soon afterwards no...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. By Summons filed on 2 June 2025, the Plaintiff, Lipman Pty Ltd, seeks an order setting aside, in whole or in part, an adjudication determination that was made in favour of the First Defendant, A-Civil Aust Pty Ltd, by the Second Defendant (the Adjudicator), pursuant to the Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act). 2. The Third Defendant is...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: The Court Declares that: 1) pursuant to an invoice dated 23 May 2022 issued by the plaintiff to the defendant, the defendant was obliged to pay $664,983.42 for the supply of gas for the period 1 May 2022 to 23 May 2022, but the defendant is not obliged to pay interest on that sum; 2) the cross-claimant is entitled to be paid damages by the cross-defendant for contravention of sec...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On 1 July 2015, the plaintiff filed a summons seeking orders under ss 10A and 27 of the Criminal Assets Recovery Act 1990 (NSW) relating to property in which the defendant had an interest. Ex parte orders were made by Adamson J (as her Honour then was) on the same day. 2. On 9 July 2025, the plaintiff filed a notice of motion seeking an order that it be permitted to discontinue...
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...