Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement on June 10: 1. This is an application for the Industrial Relations Commission of New South Wales (Commission) to make the Crown Employees (NSW Police Force (Nurses')) Award 2024 (2024 Award). 2. Pursuant to s 10 of the Industrial Relations Act 1996 (IR Act), the Commission may make awards setting fair and reasonable conditions of employment for employees. 3. There are a small number of condi...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. THE COURT: This is an application for leave to appeal by Mr Khanna from a decision of Faulkner J in Khanna v Insurance Australia Limited [2025] NSWSC 33. For the reasons that follow, leave to appeal should be refused. Background 2. The following summary of the background is drawn from the reasons of the primary judge, in circumstances where no complaint was made about the descr...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. MITCHELMORE AND ADAMSON JJA: On the morning of the second day of the hearing of the appeal in this matter, counsel for the third respondent made an application that Price AJA recuse himself. The basis of the recusal application was apprehended bias. The judgment of Price AJA below sets out the background to the recusal application, the basis on which it was made and the arguments...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. MITCHELMORE JA: I agree with Adamson JA. 2. ADAMSON JA: The appellant, MTH, appeals against the judgments entered in favour of the first respondent, the State of New South Wales (the State), the second respondent, the estate of the late Geoffrey Croft (the estate), and the third respondent, Sandra Croft, by Cavanagh J (the primary judge) on 28 November 2024. She also appeals aga...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. STERN JA: I agree with McNaughton J. 2. HAMILL J: I agree with the orders proposed by McNaughton J and with her Honour's reasons. I would only add that, in terms of transparency, there is a distinct advantage in back-dating a sentence to take into account periods of pre-sentence "quasi-custody". However, as McNaughton J demonstrates by reference to several authorities, there is ...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. These proceedings concern certain parcels of valuable beachfront land at Casuarina - a suburb of the far northern New South Wales coast within the Local Government Area of the Tweed Shire Council (Council). 2. The plaintiff, Vashti Elizabeth Conway (Ms Conway) is the registered proprietor of Lot 52 in DP X, commonly known as X Harper Court, Casuarina (Lot 52/Conway Land). 3. Th...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Clarence Valley Council, of Development Application DA2023/0241. This application seeks consent for a 216 dwelling manufactured home estate with ancillary communal building and facilities, car parking, tree removal and civil works at 110 and 120 Carrs Drive, Yamba, Lot 32 in DP 1280863 and Lot 2 i...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. On 29 August 2024 the Tribunal determined that Muruga Balaji Kandasamy Mohan ("the Respondent") was guilty of unsatisfactory professional conduct pursuant to s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) ("the National Law") and that he was guilty of professional misconduct pursuant to s 139E of the National Law (Health Care Complaints Commission v Mohan [...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. MITCHELMORE JA: I agree with Stern JA. 2. STERN JA: Duc Thuong Le was injured in a motor vehicle accident at around 3.20 am on 7 October 2018 when the car in which he was a passenger collided at speed first with another car and then with a street sign and a tree in York Street, Sydney. He sustained a number of injuries and submitted a claim for personal injury benefits under the...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. COMMISSIONER: Mr Goldberg (the Applicant) applied to the Court, pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the Respondent to prune the bamboo hedge located between the properties. The bamboo is close to the Respondent's rear and side boundaries of the rear yard of 73 Ocean Street Bondi. Of particular concern t...