Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. This is an internal appeal from a decision of the Tribunal made on 29 August 2024 in the Consumer and Commercial Division. 2. On 22 September 2016, the respondents to the appeal ("the Homeowners") made a contract ("the Contract") with the appellant ("the Builder") to perform residential building work, in the form of renovations and additions to the Homeowners' dwelling. On 26 ...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. This class 1 appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) following the deemed refusal by Northern Beaches Council of development application DA2024/0944. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, at which I presided on 26 February 2025. ...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. COMMISSIONER: In a judgment given on 16 April 2025, Artmade Architectural Pty Ltd v Central Coast Council [2025] NSWLEC 1249 ("Artmade v Central Coast"), I gave a decision on an appeal concerning a development application, which as amended, seeks consent for the demolition of existing structures, removal of trees, and construction of a new part two and part three storey childca...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. COMMISSIONER: This is an appeal brought pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application DA 2024/112/1. The application, as amended, seeks consent for alterations and additions to an existing residential dwelling at 41 Noonbinna Crescent Northbridge (Lot 1 in DP 1249767). 2. A conciliation confe...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act") against orders made by consent in the Consumer and Commercial Division of the Tribunal on 9 December 2024. 2. The application relates to a dispute under the Residential Tenancies Act 2010 (NSW) ("RTA"). 3. The application to the Tribunal was brought by Mr and Ms Sulta...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. The applicant Mr Umer Farooq applied to this tribunal on 5 February 2025 for review of a decision by the respondent Commissioner on 31 January 2025 to affirm the decision to revoke his security licence under s 26(1)(d) of the Security Industry Act 1997 (SI Act) and cl 25(1) of the Security Industry Regulation 2016. 2. The issues for consideration by the tribunal are: (1) wheth...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. The Health Care Complaints Commission (HCCC or the Commission) succeeded on the complaints with which it persisted at Stage One of this matter, and the Tribunal made the orders that it sought: Health Care Complaints Commission v Milanovic [2024] NSWCATOD 188. 2. In its Reasons, published on 29 November 2024, the Tribunal reserved the question of costs, as the parties had agree...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. On 30 November 2017, the plaintiff, Calibre Construction Group Pty Ltd (the "Builder") entered a Design and Construct Contract (the "Contract") with the first defendant, Kaloriziko Pty Ltd (the "Developer"). The Contract was constituted by a Formal Instrument of Agreement, General Conditions in the AS 4902-2000 format and ancillary documents. 2. By the Contract, the Builder ag...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. The plaintiff brings an application for leave, nunc pro tunc, pursuant to s 151D of the Workers Compensation Act 1987 (NSW), to commence and maintain these proceedings more than three years after the date of the injury upon which he sues. 2. In his Statement of Claim, the plaintiff alleges injury suffered on 4 March 2021 in the course of his employment with Plus Form Aust Pty ...
Australia, July 10 -- New South Wales Land and Environment Court issued text of the following judgement on June 11: 1. On 26 March 2025, I made orders pursuant to s 182(1) of the Strata Schemes Development Act 2015 (NSW) (SSD Act) to give effect to the strata renewal plan, as varied by the Court, for the redevelopment of Strata Plan 934 dated 2 March 2023 (the strata renewal plan) prepared for the property comprising lots 1 to 107 and common property in Strata Plan 934, being the whole of the p...