Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. 2024/0072 for alterations and additions to the former Blacksmith's shop to create a new dwelling house (the proposal), at 123 Peninsula Drive, Breakfast Point (Lot 46 in DP 270347) (the s...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. BELL CJ: I agree with Kirk JA. 2. KIRK JA: On 16 October 2017 the respondent, referred to here as T2, was a 14 year old school student in Year 9 at Fairvale High School, a State school in south-western Sydney. Shortly after school finished that day he was the subject of a serious assault by other students from the school. The instigator of the assault was XY, then also aged 14...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. These proceedings relate to an application for victims support in the form of a recognition payment lodged on 19 April 2023, by the applicant, who is identified for these proceedings by the pseudonym GTO (the applicant) initially before the Commissioner for Victims' Rights (the respondent). The application was lodged under the provisions of the Victims Rights and Support Act 20...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. WARD P: I agree with Payne JA. 2. PAYNE JA: This is an appeal brought by Botanical Water Technologies IP Ltd (the first appellant), MyCo Pty Ltd (renamed Biocheese Pty Ltd on 3 September 2021, the second appellant), and Mr Terry Paule (the third appellant). Mr Paule is a director of MyCo and controls the company together with his brother, Mr S Paule. I will refer in this judgm...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. In 2017 Mr Smyers was the subject of a complaint about an alleged sexual assault, to which police responded, with the result that he was arrested and charged under s 61I of the Crimes Act 1900 (NSW), a buccal swab was taken and he was refused bail by police. He was later granted bail by the Local Court, on conditions. The prosecution was eventually discontinued in July 2019. 2...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. COMMISSIONER: With the goal of restoring views they say they have lost, Nina Zhang and Nalin Wang have applied to the Court seeking the following orders relating to trees on the neighbouring property belonging to The Owners - Strata Plan No 7600: 1) Pruning of three banksias and five brown pines to a level not above the sightline between a standing position on their upper leve...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. The question in this matter is whether the accused is entitled to a defence of mental health impairment, as defined under s 28 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW): 28 Defence of mental health impairment or cognitive impairment (1) A person is not criminally responsible for an offence if, at the time of carrying out the act constitu...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. On 27 June 2025 (and for the purposes of a judge-alone trial which I had ordered on 23 June 2025) I arraigned Tyran Izzard on indictment ...26.3 which contained three Counts. 2. The first of those Counts was that: "On 12 June 2021, at Parramatta in the State of New South Wales, [Tyran Izzard] robbed Vicky Sharma of property, namely, a mobile phone and Bluetooth earbuds, the p...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. HIS HONOUR: The Court is required to deal with a notice of motion seeking suppression orders in relation to the identity of two persons. The substantive proceedings are for defamation in which the plaintiff alleges that the defendant defamed the plaintiff by publishing a note to its members regarding a sanction handed down by the US Centre for SafeSport against the plaintiff, w...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. The offender, Jake Barry Bob Ackling-Nicholson, appears today to be sentenced for a range of offences, committed during a period of two months in September and October 2023. The offending took place over two incidents, the first occurring between 4 and 9 September 2023, and the second occurring on 5 October 2023. The offender was arrested and charged with the offences before th...