Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. On 12 March 2023, Mr Roger Kilby ("the applicant") was charged with murder, contrary to s 18(1)(a) of the Crimes Act 1900 (NSW) ("Crimes Act"). 2. On 21 February 2025, the matter came before the Local Court at Parkes. On that date, the Magistrate committed the matter to the Supreme Court of New South Wales for sentence. 3. The applicant moves on an Amended Notice of Motion, d...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. On 20 August 2024 the Applicant, Ms Lamont, requested information from Central Coast Council ("the Council") in an application made under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act). 2. She requested draft versions of the final report titled "Stage 6 - Cost Benefit Analysis of Wamberal Terminal Coastal Protection Options" published by NSW Department of...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. THE COURT: The applicant, AK, seeks leave to appeal out of time under r 3.5(5) of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) (the Criminal Appeal Rules). Background 2. The background to this application can be summarised as follows. The applicant was charged with one count of maintaining, between 1 January 2007 and 17 May 2008, an unlawful sexual relationship with a...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. Our reasons for decision in this matter were published on 24 April 2025: Al-Aaraj v Commissioner of Police, NSW Police Force [2025] NSWCATAP 87 (Appeal Decision). 2. For the reasons stated in the Appeal Decision, we dismissed the appeal. 3. At the conclusion of our reasons, we set a timetable for submissions on costs. 4. The Commissioner sought an order that the appellant pa...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. This judgment involves a 'price cap' agreement for the wholesale supply of natural gas. 2. The plaintiff/cross-defendant is Weston Energy Pty Ltd ('Weston'), represented by S Fitzpatrick of senior counsel. The defendant/cross-claimant is National Ceramic Industries Australia Pty Ltd ('Ceramics'), represented by M S White of senior counsel. 3. Weston relied on the affidavits o...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. This judgment involves a 'price cap' agreement for the wholesale supply of natural gas. 2. The plaintiff/cross-defendant is Weston Energy Pty Ltd ('Weston'), represented by S Fitzpatrick of senior counsel. The defendant/cross-claimant is National Ceramic Industries Australia Pty Ltd ('Ceramics'), represented by M S White of senior counsel. 3. Weston relied on the affidavits o...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. On 11 March or 12 March 2023, Roger James Kilby ("the offender"), murdered Andrew John Anthoney ("the deceased") by violently assaulting him in his own home. He handed himself into police the following day (or the same day) and was charged with murder. 2. On 21 February 2025, at Parkes Local Court, the offender was committed for sentence to the Supreme Court of New South Wales...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. PRICE AJA: By notice of motion filed on 8 July 2025, the applicant, Daracon Engineering Pty Ltd, seeks the expedition of its pending application for leave to appeal from an interlocutory decision made on 3 June 2025 by Russell DCJ in the Dust Diseases Tribunal of New South Wales ("the Tribunal"). The first respondent, David James Kelsall, who is about 70 years old, has commence...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. Mr Christopher Edwin Higgins, the appellant, was convicted and fined in the Downing Centre Local Court in respect of two instances of speeding, occurring on 5 April 2023 and 14 April 2023, contrary to r 20 of the Road Rules 2014 (NSW). In each instance, the charge featured the appellant driving at less than 10 km/h over the speed limit. 2. On 29 April 2024, the proceeding was ...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. Judgment in relation to these proceedings was delivered on 2 April 2025 (Niu v Lu [2025] NSWDC 103 ('the judgment')). The plaintiff's claims were dismissed. 2. The defendant, Mr Lu, now seeks an order for costs, partly on an indemnity basis. 3. Mr Niu submits that the appropriate order for costs is that the plaintiff pay the defendant's costs of the proceedings on the ordinar...