Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No. 2024/334/1, as amended, for alterations and additions to an existing development consent, DA/2019/598/1, by way of a new development application for the construction of a residential flat bu...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Wollondilly Shire Council, of Development Application DA 2024/360/1, which sought consent for the subdivision of eight lots into 56 residential and rural residential lots, including earthworks, clearing and construction of associated roads and drainage infrastructure at 140 Myrtle Creek Road, Tahmo...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: Pursuant to the provisions of s 4.55 of the Environmental Planning and Assessment Act 1979 (EPA Act), these proceedings concern two separate appeals - heard together by order of the Registrar of the Court - both of which relate to existing development consents for land at 5-7 Bourke Road, Alexandria (the site) controlled by Haralambis Constructions Pty Ltd (the Appli...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. HIS HONOUR: Mr Clark sues the defendant claiming damages for false arrest, false imprisonment, malicious prosecution and abuse of process. The current statement of claim in the proceedings was filed on 24 July 2020. The matter is listed for hearing commencing on 7 July 2025 with an estimate of 10 days in accordance with orders made by Chen J on 8 August 2024. The defendant was ord...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. These proceedings concern a contract entered into on 5 December 2024 for the sale and purchase of the land known as 262 Castlereagh Street, Sydney and 271 Elizabeth Street, Sydney (the Property) between The Returned and Services League of Australia (New South Wales Branch) (RSL) as vendor and CE Hyde Park Pty Limited (CEHP) as purchaser (the Contract). 2. The Contract came into e...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. The application that comes before me urgently this afternoon is an application for a stay made as part of an application for leave to appeal and appeal. 2. The decision which is the subject of the application for leave to appeal and appeal is the decision of Commissioner O'Sullivan ("Commissioner") in Boncales v Secretary, Department of Education [2025] NSWIRComm 1017 which was g...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. On 26 November 2024 the applicant filed an application for relief from victimisation pursuant to s 213 of the Industrial Relations Act. 2. The matter is before me today for directions, as the applicant sought to vary an order whereby, he must file and serve material by 8 May 2025. Background 3. This is a brief background and summary of the issues as they relate to what I must c...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. This is an interlocutory application made by an amended notice of motion filed by the defendant for a ruling under section 192A of the Evidence Act, 1995 as to the admissibility of certain paragraphs in an affidavit served by the plaintiff and the documents referred to in those paragraphs. 2. The affidavit said to contain the inadmissible evidence has been served by the plaintiff...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. By an amended summons filed in Court on 5 May 2025 the plaintiff sought orders for the release of a tissue sample recovered from the body of her late de facto husband, Brodie Ryan Davidson, for the purpose of her transporting the sample to Queensland for its use there in IVF treatment and assisted reproductive technology. 2. The Attorney General of New South Wales was granted lea...
Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. Mr Andrew Gartrell ("the applicant") brought two discrimination complaints on behalf of his son, Mr Richard Gartrell against the first respondent and the second respondent pursuant to s 49M of the Anti-Discrimination Act 1977 (NSW) ("the Act"). The complaints allege discrimination of the ground of a disability in the provision of goods and services. Mr Richard Gartrell is a 23 yea...