Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed 14 May 2025, the applicant seeks a stay of a writ of possession issued by Faulkner J on 22 April 2025 in New South Wales v Simpson [2025] NSWSC 429 (PJ or primary judgment). The applicant on the motion is the same person as the defendant below but prefers to use his Indigenous name. 2. A notice of appeal was filed 30 April 2025. It raises the following nine groun...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed on 20 March 2025, the second defendant seeks an order that the matter be transferred to the Federal Circuit and Family Court of Australia to be joined to proceedings between Ms Bastani Viarsagh and Mr Nicita, bearing case number SYC2678/2024, pursuant to s 4, 5(1)(a) and (b) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) and s 79(10) of the Family La...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed 16 May 2025, the respondent to the appeal challenges the competency of the appeal, as she is entitled to do under r 51.41 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). 2. The appeal is from the decision of Lindsay J in May v Costaras [2025] NSWSC 90. His Honour held that a property was held on trust by the parties in the proportions of two-thirds for th...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. These are my reasons for making orders on the application of the fifth defendant on 30 May 2025, granting a stay of the execution of orders made against him on 20 December 2024 in favour of the second and fourth plaintiffs, until the conclusion of the first day of the hearing of the fifth defendant's appeal from those orders, conditional upon: (1) the fifth defendant providing a written un...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed 14 May 2025, the applicant seeks a stay of a writ of possession issued by Faulkner J on 22 April 2025 in New South Wales v Simpson [2025] NSWSC 429 (PJ or primary judgment). The applicant on the motion is the same person as the defendant below but prefers to use his Indigenous name. 2.A notice of appeal was filed 30 April 2025. It raises the following nine ground...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. Andrew and Anna Berk survived the Holocaust. They died in the 1990s and are now buried in in the Rookwood Necropolis in Section 18E of Zone G, an area reserved and consecrated for the burial of people of the Jewish faith. Their daughter, Debby Karen Kollin, died on 30 April 2025. 2. The plaintiffs who represent the family of Debby Kollin ("the deceased") want her to be buried with her par...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. These proceedings concern a claim for specific performance of a contract for the sale of a parcel of land at Austral in the south west of Sydney. The land is more particularly described as X Boyd Street, Austral (formerly X Boyd Street) and is contained in folio X/X/X (Property). 2. The plaintiff (Castle Group) seeks specific performance of a Contract for Sale of Land of the Property date...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. On 27 February 2025, Mr V Shapkin (the applicant) lodged an administrative review application with the NSW Civil and Administrative Tribunal (NCAT) in which he sought to challenge a decision made by the Council of the Law Society of New South Wales (the Council or respondent) on 13 February 2025 to refuse his application for the grant of a practising certificate for the 2024/25 practising ...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. The Applicant seeks judicial review of Snowy Monaro Regional Council's (First Respondent or Council) decision to grant two development consents for the subdivision of land in Cooma (collectively, the Decision). 2. The primary issue for determination is whether the First Respondent's Decision authorised the subdivision of land in excess of the maximum permissible amount of lots under the C...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 21 January 2025. 2. The application to the Tribunal was brought by the respondent to this appeal whom we will refer to as the tenant against the appellant whom we will refer to as the landlord. 3. For the reasons set...