Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. In December 2021, Buildcorp Group Pty Ltd agreed to provide work pursuant to a "design and build contract" for the Owners of Strata Plan 125, which is located at Blues Point Tower in McMahons Point, New South Wales. 2. The Owners sought primarily the replacement of all the building's external windows and doors, which had reached the end of their working life. The heritage stat...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Northern Beaches Council (the Council) of DA2024/1016 (the Development Application) for excavation and construction of a tunnel and lift shaft between the existing dwelling house and existing boat shed, and associated...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application DA-2024/389/1. The development application seeks development consent for a new double garage and new vehicular crossover with landscaped roof (DA) at 16 Wunulla Road, Point Piper legally described as Lot 1, Section 4 in...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. This is an internal appeal from a decision of the Consumer and Commercial Division of the Tribunal determined on 31 January 2025 in which the Respondent on the appeal, Carla Zampatti Pty Ltd, was successful in obtaining a money order against the Appellant, Anna Hood. The money order was obtained by the Respondent arising from the Appellant's breaches of her retail shop lease an...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. The Applicant, Mr Assi, was first granted a firearms licence in August 2008. His application cited that his reasons for seeking such a licence were sport/target shooting and recreational hunting/vermin control. 2. His firearms licence was revoked in December 2019 and that decision was affirmed on internal review on 11 September 2020. 3. On 16 August 2022, a delegate of the Re...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. COMMISSIONER: This is a Class 1 Miscellaneous Appeal pursuant to s 8.25(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) from the refusal by Ku-ring-gai Council (Council) to issue a Building Information Certificate (BIC) in respect of the construction of retaining walls which were unlawfully erected in the rear yard as part of the construction of a dwelling ho...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. This is an appeal against orders made in the decision of the Tribunal in Lawrence v Ciantar and Sammut 2023/00369774 delivered on 26 April 2024 by Senior Member Ellis SC (the Decision). Background 2. The appellant made an application on 25 October 2023 in the Consumer & Commercial Division. The appellant claimed that on 12 November 2014 he entered into a commercial constructi...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. Tony and David Vollmer own a rural property in Wallalong that stretches between the town and the Patterson River. The property consists of two lots: a large lot of 96.61ha (Lot 579 DP 1209777), and a small lot of 4,491.56m2 within it (Lot 580 DP 1160616) (figure 3). The smaller lot is irregular in shape, and is landlocked within the site towards the north-western corner, access...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. On 9 August 2024 the Tribunal found Patrick Fordham Mack (Practitioner) guilty of unsatisfactory professional conduct and professional misconduct. The Tribunal ordered that a further (Stage 2) hearing be conducted in order to determine appropriate protective orders. 2. On 28 and 29 October 2024 the Tribunal heard evidence in the Stage 2 proceedings. The Tribunal reserved its d...
Australia, July 18 -- New South Wales Land and Environment Court issued text of the following judgement on June 17: 1. Bowie Ferris Investments Pty Ltd (Appellant) has appealed the decision of a Commissioner of this Court, in dismissing its appeal for development application DA 243/2023 (DA). The DA sought approval for development described in the DA as "change of use from Village Inn Hotel to retail on the ground floor and office on the first and second floors and minor works, including modifi...