Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. This is an appeal pursuant to s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) from a decision made in the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal under the Retail Leases Act 1994 (NSW) which was delivered on 20 June 2024. In that decision, the parties were referred to as the landlords and the tenant, and ...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. The dispute between the parties to this appeal arises out of an agreement by which Cadi Development Pty Ltd (the Appellant) agreed to provide services under a written contract to the Respondent (Ting Li). The services concerned the provision of plans and other documentation for the design of a development at a property owned by the Respondent . 2. The parties fell into dispute...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. Fonterra Brands (Australia) Pty Ltd is part of a group of companies (Fonterra Group) ultimately controlled by Fonterra Co-operative Group Ltd (Fonterra). Fonterra Brands, and its wholly owned subsidiary, Bonland Cheese Trading Pty Ltd, bring these proceedings practically on behalf of the Fonterra Group. 2. Fonterra Brands and Bonland Cheese have the benefit of Bega Cheese trad...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. The defendants seek a stay of the operation of orders for costs made in favour of the plaintiffs. 2. Neither the plaintiffs' costs nor the assessment of costs pursuant to an order in the defendants' favour against the plaintiffs have been finalised. Both sides' costs assessments are under challenge by the other. 3. Both sides are well-resourced and sophisticated. 4. On 12 Se...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. By Originating Process filed on 1 April 2025, the Plaintiff, Mr Angelis, as trustee for the JA Goldstone Carry Trust sought an order for the winding up of Goldstone Private Equity VCMP LP (ILP 2300030) ("VCMP"), which is an incorporated limited partnership registered under the Partnership Act 1892 (NSW) ("Partnership Act"). That application was brought, at least in part, on the...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. These proceedings arise following an appeal against the City of Parramatta Council's refusal of development application DA/965/2022, which sought consent for development described as three-lot Torrens title subdivision, bulk earthworks and site infrastructure within the Carter Street Precinct including remediation works, stormwater and drainage works, construction of a new road...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 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 DA/1024/2023 (Civil Works Application LA/1741/2017) seeking consent for a proposed new vehicular access to an existing garage (Proposed Development) on public land adjacent to 18 Byron...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. These reasons deal with costs and certain other issues raised by the first defendant following my substantive decision in this matter in Erem v Moussa [2024] NSWSC 641 (Judgment) on 15 October 2024 (abbreviations adopted in the Judgment will be adopted in this judgment). 2. In the Judgment I concluded that: (a) the first defendant had succeeded in propounding the 1993 will whi...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. On 8 April 2025, I handed down the principal judgment dismissing the cross-claim: Serves Pty Ltd atf The Rosemont Trust v Roche (Deceased); Roche (Deceased) v Serves Pty Ltd atf The Rosemont Trust [2025] NSWSC 336. 2. Definitions in the principal judgment are used here. 3. On 25 May 2023, Robb J, by consent, made orders under s 66G of the Conveyancing Act 1919 (NSW) for the s...
Australia, May 27 -- New South Wales Land and Environment Court issued text of the following judgement on April 28: 1. The plaintiff, Scott Pascoe, is the trustee of two bankrupt estates - those of Peter Voukidis (now deceased) and Kathy Voukidis. The defendant, Christos Voukidis, is the son of Peter and Kathy Voukidis. 2. The defendant filed a statement of claim against the plaintiff in the Small Claims Division of the Local Court of New South Wales on 20 December 2024. The defendant alleges ...