Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. Jonnathon King, you appear for sentence today in relation to five principal offences. 2. Four of those principal offences were committed at the premises at 45A Tallawong Avenue, Blacktown on 2 April 2022. 3. Those four principal offences are 2023/000044237: sequence 6 (aggravated break and enter); sequence 2 (robbery in company - the relevant victim being Gagan Chuahan); sequence...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. BELL CJ and KIRK JA: The appellant, Dr Albina Della Bruna (the appellant), prescribed and dispensed human growth hormone (HGH) to ten patients in the period June 2017 to November 2019, doing so "off-label" for reasons said to be connected to fatigue and ageing. The Health Care Complaints Commission (the Commission) brought a complaint in the Occupational Division of the NSW Civil a...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. MITCHELMORE JA: I agree with Ball JA. 2. MCHUGH JA: I agree with Ball JA. 3. BALL JA: By a summons filed on 4 December 2024 the applicant, Jet Midwest, Inc. seeks leave to appeal from a decision of the primary judge (Stevenson J) delivered on 25 October 2024 refusing Jet Midwest leave to proceed against the first respondent, Regional Express Holdings Limited (Administrators Appoi...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. THE COURT: The application currently before the Court is the latest chapter in a long running dispute between Mr Vasily Shapkin and the University of Sydney concerning the question whether the University acted lawfully when it evicted Mr Shapkin on 27 September 2022 from student accommodation provided by it on the grounds of misconduct. The answer to that question turns on whether ...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. WARD P and STERN JA: This appeal involves a challenge to the determination in favour of the first respondent (Mr Kenneth Smith) of an adverse possession claim in respect of land in the Central Coast (part of Lot 41 of Deposited Plan 1003436) which was purchased by the appellants (Mr David Evans and Mrs Carolyn Evans) in June 1989 (see Smith v Central Coast Council [2024] NSWSC 981,...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. Mr Buttrose (the Applicant) made an application to the NSW Trustee and Guardian (the Respondent) for access to a document under the Government Information (Public Access) Act 2009 (the GIPA Act). 2. Mr Buttrose previously sought access to the same document and access was refused by the Respondent. That document was the opinion of counsel acting for his mother in Supreme Court proc...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. LEEMING JA: I agree with the orders proposed by Mitchelmore JA, and with her Honour's reasons. I also agree with McHugh JA's judgment. What follows presupposes familiarity with the background and issues arising on the appeal, cross-appeal and notice of contention. 2. First, it is important to bear steadily in mind that this litigation concerns only the validity of an adjudicator's...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. In June and July 2021 Mr Wetere sustained physical injuries to both of his wrists while working for Coles as a delivery truck driver. He then suffered a further psychological injury at a time when he was performing light duties he had been given, which involved him standing at the front of a store supervising COVID check-ins. He felt overwhelmed by the hostility of customers and a ...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. The five plaintiff companies are, or have been, miners and sellers of coal. They each hold one or more mining leases under the Mining Act 1992 (NSW). Under the Mining Act, holders of such leases have to render monthly returns and pay royalty to the Crown on publicly owned minerals recovered by the holder under the lease. 2. This application is brought under s 97 [1] of the Taxatio...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. LEEMING JA: I agree with Stern JA. 2. KIRK JA: I agree with Stern JA. 3. STERN JA: Ms Yangzom was hit by a utility vehicle on 13 June 2018 whilst on a pedestrian crossing. Shortly after the accident she submitted a claim for personal injury benefits under the Motor Accident Injuries Act 2017 (NSW) (the Act) on account of injuries she described to her lower lumbar/sacral spine, ri...