Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. The plaintiff is the owner of residential premises ('the property'). The first defendant is a builder ('Super Shepherd'). 2. The plaintiff and Super Shepherd entered into a contract on 27 May 2021 for Super Shepherd to perform building works ('the building works') at the property for a fixed contract price of $556,000, inclusive of GST ('the contract'). 3. The contract was var...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. PRICE AJA: I have read the judgments of N Adams J and Sweeney J in draft. I also am in respectful disagreement with Sweeney J's reasons at [72]-[76] and adopt what is said by N Adams J at [17]-[18]. 2. As to my disagreement with Sweeney J's broad statement of principle at [76], the factual circumstances in dealing with the proceeds of crime in Thorn v R [2009] NSWCCA 294; (2009...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. This is the Court's third judgment in these proceedings. It should be read with the Court's principal judgment, Gemi 193 Pty Ltd v Zhu [2024] NSWSC 1113 and the Court's second judgment, Gemi 193 v Zhu (No.2) [2025] NSWSC 295, which related to costs incurred up to the time of the principal judgment. This judgment assumes familiarity with the first two judgments and deals with iss...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. I am dealing with the question of the admissibility of a statement made to the Royal Commission into Institutional Responses to Child Sex Abuse (the Royal Commission) by an unnamed victim of child sex abuse perpetrated by Brother Romuald (Br Romuald), who is a person referred to in these civil proceedings. The case against Br Romauld brought by Mr Kawicki, who is self-represente...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On Friday, 1 August 2025 there were listed before the Court two applications under the Bail Act 2013 (NSW) concerning a grant of bail that was made in favour of Kalid Kaddour by Weinstein J on 25 February 2025. 2. One of the conditions imposed by his Honour was that Mr Kaddour should be under home detention, not to leave his approved residence except in the company of one of th...
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...