Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. Between 25 February 2019 and 25 February 2020, in relation to eight separate National Disability Insurance Scheme ("NDIS") participants, the Offender submitted a total of 50 false payment requests to the National Disability Insurance Agency ("NDIA") deliberately claiming payment for services knowing they were never provided. 2. The total value of the false invoices and thus the t...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. Catherine Hoffmann, the applicant, and Marilyn Anna Goff, the respondent, own and occupy properties in North Curl Curl, which share a side boundary. The common boundary extended from approximately west to east between the parties' driveways, which met the street at the end of a cul-de-sac. Both properties were located on a hill that ascended from the west and rose up further towar...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. Mr Mallegowda (applicant) seeks leave to appeal two decisions of Commissioner O'Sullivan. The first was a procedural decision to appoint a tutor to carry on the proceedings in the applicant's name (First Decision). [1] That application was made out of time. We have decided not to grant an extension of time to appeal that decision because it has no prospects of success. 2. The sec...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. On 6 January 2025, for the reasons which were then published, the Appeal Panel dismissed an appeal by YKD against orders made by the Guardianship Tribunal on 9 May 2024. 2. The Appeal Panel ordered that if the First Respondent, YKE, sought any order for costs of the appeal, he file and serve written submissions in support of such application and the quantum of any costs sought on...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. PAYNE JA: I agree with Stern JA. 2. KIRK JA: I agree with Stern JA. 3. STERN JA: On 22 January 2016 Attila Tok, the first appellant, entered into a "contract for the sale of business" with Rashazar Pty Ltd (Rashazar), the third respondent (the share sale agreement). The relevant business was that of Fresh Cut Australia Pty Ltd (Fresh Cut), the second appellant. The price was $27...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the Development Control Order No.3 issued on 24 April 2024 ON2024/0193 (DCO) demolish works order issued under div 9.3, s 9.34 and Sch 5, Pt 1 of the EPA Act in respect of unauthorised use of and works carried out at land kno...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of development application No DA/409/2023 (the DA) seeking consent for the community title subdivision to create 13 residential lots including associated servicing works, roadworks, earthworks, demolition and landscaping at 255, 255A and 255B...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: This Class 1 appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) following the deemed refusal by Waverley Council of Development Application DA-345/2023 seeking consent for the demolition of existing structures, construction of a pair of four-storey semi-detached dwellings, in-ground swimming pool, landscaping and Torrens tit...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 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 deemed refusal by the Northern Beaches Council (the Council) of Development Application No. DA2023/1674 for the demolition of existing dwelling house, the subdivision of one (1) lot into three (3) lots, removal of trees and constructio...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: This case is about a proposed off street vehicular hard stand on residential property which will require the construction of a new driveway or vehicular crossing off Raglan Street in Mosman. Mosman Municipal Council (the Council) refused the granting of consent because of the impact the proposal will have on the on-street car parking space between a bus stop and the ...