Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. The offender is to be sentenced with respect four child sex offences following a trial and guilty verdicts. The offences were committed against his nephew EL when he was aged between 6 and 11 years of age. The offender was found not guilty on a separate offence. 2. The trial indictment verdicts of guilty were for the following offences: 1) Count 1 - Indecent assault person und...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. The plaintiff, Kate Dayman, and defendant, Glenys Dayman, are daughter and mother, respectively. The deceased, Brian Dayman, was the father of Kate and the long estranged (but not divorced) husband of Glenys. Glenys is the sole beneficiary and executor of Brian's estate. Without intending any disrespect, I will refer to all of the Dayman family members by their given names. 2. ...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. In the early hours of 23 July 2023, a shooting occurred in Mayvic Street, Greenacre. As a result, one person was killed, and two others were seriously injured. 2. Adam Elshaimy stands charged with one count of murder, two counts of shoot at person with intent to murder and one count of participating in a criminal group. The charges arise from the events surrounding and involvin...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. Before me is an application by PS for leave to appear on behalf of his wife, LB, in proceedings that she has brought against the New South Wales Department of Education. PS is not a legal practitioner. 2. LB was formerly employed as a teacher by the Department. The dispute between LB and the Department arose on 19 December 2024, when LB was provided with a letter from the Depar...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. Judgment was delivered in these proceedings on 23 July 2025: Penya v Penya [2025] NSWSC 805. These reasons concern the costs of the proceedings. Familiarity with the principal judgment is assumed. As in the principal judgment, I generally refer to the parties by their first names to avoid confusion arising from their common surnames. No disrespect is intended. 2. Mr Paul Penya,...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 5 April 2017, Clint David Starkey received fatal head injuries in a callous assault committed by four men, including the offenders (Adam Symons, Beau McDonald and Guy Robertson) at the Caltex Service Station at Peats Ridge. 2. More than eight years later, after the twists and turns of the criminal law processes have buffeted the participants to the litigation, Mr Starkey's f...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. In 2015, in the context of the International Plant Protection Convention, the Queensland Court of Appeal said: "The Commonwealth legislative regime as to export inspection and certification was aimed at maintaining Australia's highly favourable plant health status and wide access to overseas markets. Australia was a signatory to the IPPC [International Plant Protection Conventi...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. By Notice of Motion, SafeWork NSW seeks the following orders: 1) That the charges brought by SafeWork NSW against Richard Crookes Constructions Pty Ltd (RCC) in the matter of 2024/177647 and against Transform Formwork Contractors Pty Ltd (Transform) in the matter of 2024/177652 be heard and determined together. 2) Both matters be listed for a mention date convenient to the cou...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 13 October 2021 Crestville Holdings Pty Ltd (Crestville), entered a plea of guilty to an offence that Crestville, being a person conducting a business or undertaking who had a duty under s 19(2) of the Work Health and Safety Act 2011 (NSW) (WHS Act) to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. By way of Amended Summons, Aria Carpentry & Construction Pty Ltd (Aria) was charged with an offence under s 32 of the Work Health and Safety Act 2011 (NSW) (WHS Act), being a person conducting a business or undertaking who had a health and safety duty under s 19(1) of the WHS Act to ensure so far as is reasonably practicable, the health and safety of workers while the workers ar...