Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. By Originating Process filed on 21 June 2024, the Plaintiffs, Spring Street Property Group Pty Ltd ("Spring Street") and Ms Markovsky, originally sought relief against Messrs Sallway and Clubb in their capacity as receivers and managers ("Receivers") of Spring Street. The issues raised in the Originating Process have been resolved and it has now been dismissed by consent. 2. By A...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. The offender Tyrone Thompson, born in 1999, is before the court for sentence for one count of murder contrary to s 18(1)(a) of the Crimes Act 1900 (NSW) (the Crimes Act) for which the maximum penalty is life imprisonment and for which there is a standard non-parole period of 20 years. The offender is also to be sentenced for contravening a prohibition or restriction in an Apprehen...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. I delivered judgment and made substantive orders in these proceedings on 3 December 2024: Macaulay v Macaulay [2024] NSWSC 1547 (my earlier reasons). At the time of making those orders, I reserved the question of costs. The parties have filed and served submissions on that issue. They have also identified some matters that require amendment in the substantive orders. Additionally,...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 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 actual refusal by the Canterbury-Bankstown Council (the Council) of DA- 1533/2023 (the Development Application). 2. The Development Application seeks consent for the demolition of the existing cabana and garage, alterations and additi...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. The defendant Newcastle Roofing Professionals Pty Ltd (Newcastle Roofing) was engaged to undertake roof replacement works at a spit-level residential premises. On 8 November 2021 Mr Christopher Rundle, a Roofing Plumber, accessed the roof and traversed the roof towards an anchor point. Mr Rundle slipped before reaching the anchor point. He slid to the edge of the roof and fell app...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. LEEMING JA: Mr Vasiliy Shapkin seeks an order quashing the decision of the District Court dismissing his appeal pursuant to s 91 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) from a decision of the Children's Court dismissing his application under s 98(3) of that Act to appear in pending proceedings in the Children's Court commenced by the Secretary under ...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Central Coast Council, of development Application DA/554/2024 which seeks consent for the demolition of existing structures and the construction of a new dwelling house at Lot 12 in DP 11004, known as 47 Ocean View Drive, Wamberal. 2. These proceedings have been brought to the Court pursuant to s ...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. Liam Michael Tubby ("the offender") appears for sentence in respect of four matters under the Commonwealth Criminal Code (CCC) and a further matter under the New South Wales Crimes Act. The offences are referred to in the exhibits by way of their sequence number. The below table sets out the five offences by reference to the sequence number, the section of the legislation, date of...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. On 13 February 2022 Mr Douglas Bennett was working at the Boral Cement Facility located at Taylor Avenue in New Berrima. Work was being done on a conveyor. The conveyor belt went into free run, over sped and a fluid coupling exploded. Mr Bennett suffered severe injuries when he was struck by metal from the exploding coupling. Procedural Background 2. On 9 February 2024 SafeWork ...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. This Decision is to be read with and uses the same abbreviations as in my decision on 3 February 2025: Karnauchow v State of NSW [2025] NSWCATAP 24 (the 3 February 2025 decision). The factual background, the proceedings in the Administrative and Equal Opportunity Division, the history of the appeal up to 3 February 2025 and the issues for determination together with two additional...