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Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. This notice of motion by the plaintiff in a suit alleging malicious prosecution against the State of New South Wales came before me in the duty list yesterday, on 8 April, at about 2pm in circumstances of great urgency. The motion sought orders that: 1) The report of Louise Parry dated 20 March 2025 be included as part of the bundle to be provided to the experts' conclave which ...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. Each of Dexterity Holdings Pty Ltd ("Dexterity Holdings"), Cubed Realty Pty Ltd ("Cubed Realty") and Equity Strata Pty Ltd ("Equity Strata") initially sought orders for their own winding up on the ground of insolvency and also on the just and equitable ground, in an application brought by the managers appointed to those companies by the Department of Fair Trading (NSW) ("DFT") pu...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. The applicant seeks development consent for construction and strata subdivision of a permissible (and otherwise numerically compliant) multi dwelling development on a site fronting Gunnamatta Bay in the Sutherland Shire, known as 12 and 12A Gunnamatta Road, Cronulla (site). 2. Having refused consent to the development application DA23/0450 (DA), the Council contends that the pro...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. On 24 March 2025, I delivered judgment in the substantive proceedings: Doric v Orec [2025] NSWSC 245 (Judgment). This judgment concerns the costs and orders of those proceedings, and ought to be read together with the Judgment. 2. In the Judgment at [161], I directed the parties to confer and provide various agreed orders to give effect to my reasons or, if they were unable to a...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. By Notice of Motion filed on 24 January 2025, the Plaintiff (CE Sales) seeks: 1) an order that [16]-[18] of the First Defendant's (Mr Elyas's) Defence filed on 16 December 2024 be struck out, pursuant to Uniform Civil Procedure Rules 2005 (NSW) rule 14.28(1); 2) judgment on admissions against Mr Elyas in the amount of $3,324,463.71 (together with interest to the date of judgmen...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. I delivered the principal judgment in this case on 25 March 2025: Crosato v Pro Evolution Sports Pty Limited [2025] NSWSC 261. Definitions in the principal judgment are used here. 2. All that remains to be determined is costs. I have received written submissions from both active parties and the Valuer. 3. Ultimately, the only question in the case was whether the Valuer's determ...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. The applicant was a civilian employee of the respondent. He commenced employment with the respondent as Firewall Security Administrator on 8 November 2007. He remained in this position as at 15 August 2024, when he resigned. 2. It was not disputed that, despite resigning, he can pursue a claim pursuant to s 84 of the Industrial Relations Act 1996 (IR Act), consistent with the de...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. The Applicant has applied to the Tribunal for an administrative review of a decision made by the Secretary, Department of Customer Service (the Respondent) to take disciplinary action against the Applicant under the Tow Truck Industry Act 1998 (NSW) (TTI Act) by permanently revoking the Applicant's drivers certificate and disqualifying the Applicant from holding a tow truck opera...
Australia, May 9 -- New South Wales Land and Environment Court issued text of the following judgement on April 9: 1. Mr Leslie Abboud was admitted to practise as a solicitor on 9 July 1982. From March 2011 to November 2023 he has held a practising certificate entitling him to practise as an "employee of a law practice", not as a "principal". He was employed by Gerard Malouf & Partners Pty Limited (GMP) during that period. For two months, from 16 July 2023 to 14 September 2023, Mr Abboud was rep...