Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. Before the Court for determination are two Notices of Motion. One filed by the defendants on 20 January 2025 seeks, in substance, orders under Part 12.11 of the Uniform Civil Procedure Rules 2005 (NSW) that either the plaintiff's originating process be set aside or a declaration be made that the Court has no jurisdiction or, in the further alternative, that the Court declines to e...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. HIS HONOUR: Currently before me is an application for a closed period redemption in respect of the period from 22 July 2023 to 23 April 2025. The matter was settled at a conciliation conference and the parties have come to some understanding between themselves as to what is to occur from that date, the conciliation conference being held on 24 April 2025. There is no direct evidenc...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. By motion filed on 14 March 2025, the second defendant seeks the following substantive order: 1. That there be an order that the plaintiff provide, by way of payment into court or other suitable means, security for costs in the amount of $111,695.24 plus GST. The proceedings are stayed until such security is provided. 2. In support of the motion, the second defendant relies upon...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. This matter was before me on 9 April 2025 and again today for the determination of a notice of motion filed by the plaintiff on 27 March 2025. From reasons I gave earlier today concerning the position of the second defendant, and from what was said on 9 April 2025, it is clear that the relief sought in the plaintiff's motion had become necessary because she had not complied with t...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. This matter has a slightly complex history, but it is not necessary for me to descend into all its detail for today's purposes. 2. The matter first came before me on 9 April 2025 when the plaintiff's notice of motion of 27 March 2025 was listed for hearing. That motion sought to discontinue the proceedings to enable the plaintiff to take necessary steps to comply with the pre-fil...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. A determination has been made pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) ("the Act") that the Defendant is unfit to be tried. It is common ground that he continues not to possess the ability to give meaningful instructions or to participate in this Special Hearing. By prior order, he was excused from attending due to the advan...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. Before the Court is an amended summons seeking judicial advice under s 63 or, in the alternative, orders pursuant to s 81 of the Trustee Act 1925 (NSW). The question for judicial advice is whether the plaintiff, BaptistCare Community Housing Ltd (BCHL), as trustee of a charitable trust called the Kitty Doyle Home Units Trust (Trust), would be justified in proceeding on the basis t...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. By notice of motion filed on 2 April 2025, the applicants seek a stay in respect of particular orders made by Ball J on 11 December 2024 (see Westpac Banking Corporation v Sentox Pty Ltd (No 3) [2024] NSWSC 1578 (Relief Judgment)), which orders are consequential on Ball J's substantive decision in Westpac Banking Corporation v Sentox Pty Ltd (No 2) [2024] NSWSC 783 (Liability Judg...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. This judgment relates to a notice of motion filed on 23 April 2025 in which the applicant seeks a stay of part of an order made by Rees J on 17 April 2025. The notice of motion was filed on the same day as the notice of appeal, which claims that the primary judge erred in making an order concerning the payment out of monies paid into Court. Before addressing the stay application,...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. I have previously delivered reasons for judgment in this matter: 1) on 21 March 2025: In the matter of Keybridge Capital Limited [2025] NSWSC 240 (the March Judgment); and 2) on 14 April 2025: In the matter of Keybridge Capital Limited (No 2) [2025] NSWSC 354 (the April Judgment). 3) This judgment assumes familiarity with each of the March Judgment and the April Judgment, and a...