Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. I gave judgment in this matter on 31 March 2025. [1] I shall use the same abbreviations here. 2. I concluded that Management was entitled to judgment against Corporate and Mr Wilson for its claim for unpaid Monthly Fees and the Staff Payments, and that Management was entitled to its costs on a party/party basis under the indemnity in the CAR Agreement. The effect is to entitle ...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. This decision concerns an application filed on 21 February 2025 by the Industrial Relations Secretary, on behalf of Fire and Rescue NSW, to vary the Crown Employees (Fire and Rescue NSW Tradespersons) Award 2022, to provide for an increase of 3% to salaries and salary-related allowances in the Award from 1 July 2024 and to vary a number of other terms of employment. 2. As I wil...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. By way of application to this Tribunal dated 13 September 2023, the Applicant seeks administrative review of a decision to revoke the Applicant's category ABDGH firearms licence in accordance with section 24(2) of the Firearms Act 1996 (NSW) (the Act) and clause 20 of the Firearms Regulation 2017 (NSW) (the Regulation). 2. For the reasons below, I affirm the decision the subjec...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. The appellant is the owner of lot 9 in a strata scheme in Sydney. The respondent is the owner's corporation (OC) in that scheme. 2. The appellant appeals from a decision which dismissed his application in the Tribunal in which he sought a variety of orders concerning unpaid contributions. He was also ordered to pay the OC's costs of those proceedings. He also appeals from that ...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. On 1 November 2021, by their agent, Edwards Pension Fund Pty Ltd and Paul D Edwards Pty Limited (the appellants) lodged development application DA22/08000 (the DA) for "water extraction, storage and distribution off site" at lot 1 DP 867173 and lot 152 DP 751284, known as 2500 Canyonleigh Road, Canyonleigh (the site), with Wingecarribee Shire Council (Council). 2. The DA propos...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by The Hills Shire Council, of the Applicant's request to modify development consent DA1598/2019/ZD for the subdivision of one lot into five community title rural residential lots and one community association lot (rural cluster) at 564 Cliftonville Road, Lower Portland. 2. The modification applica...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of development application no. DA-146/2022 for the demolition of all existing structures and the erection of a five-storey mixed use development comprising two levels of basement car parking, 20 residential units...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: This is an appeal pursuant to ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No DA-479/2024 (the DA) for the demolition of existing structures and the construction of a two storey centre-based childcare facility for 64 children with basement car parking and 2 at-grade parking spa...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Goulburn Mulwaree Council of development application No. DA/0008/2324 (the DA). 2. The DA was lodged with the Respondent on 18 July 2023. 3. The DA as lodged sought development consent for four (4) unit multi dwelling (detached) housing c...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: Mr Power of 160 Central Road, Avalon, submitted an application, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act). 2. There is a row of bamboo situated along the boundary between 160 Central Road and the neighbouring property owned by Ms Fabris, the Respondent, of 162 Central Road. Some of the bamboo is currently taller th...