Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. DAVIES J: I agree with Wright J. 2. WRIGHT J: Between 2013 and 2019, the applicant, Mr Ming Jie Hu, was an osteopath practising in Sydney under the business name Back Pain Solutions. 3. On 29 August 2023, he was found guilty of: one count of aggravated indecent assault of a patient in February 2013, count 1; and, one count of aggravated sexual intercourse without consent in rela...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. By six summonses filed on 11 March 2021, the Secretary, Department of Planning, Industry and Environment (the prosecutor) charged Balmoral Farms Pty Ltd (the defendant) with five offences under s 12 of the Native Vegetation Act 2003 (NSW) and one offence under s 60N of the Local Land Services Act 2013 (NSW) alleging clearing of native vegetation without approval in relation to two...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. On 27 January 2021 AWB Contractors Pty Ltd (AWB), a marine and salvage contractor, was attempting to lift a yacht named "Crazy Train" from the water. In the course of that salvage operation the crane lift failed. The mast of the yacht struck and killed one of the workers Mr Max Haywood. 2. SafeWork NSW (SafeWork) has prosecuted AWB, alleging that AWB, being a person conducting a ...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by Parklands Kariong Development Pty Ltd against the refusal of development application DA/1760/2022. The development application seeks consent for the subdivision of the site into four lots, earthworks, tree removal, construction of a new entry and internal roads, con...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. PAYNE JA: I agree with McHugh JA. 2. STERN JA: I agree with McHugh JA. 3. McHUGH JA: This appeal turns on the construction of a contract between commercial parties and its operation on uncontroversial facts. In order to succeed, the appellant needs to establish a series of related propositions which the language and purpose of the contract do not support. The appeal should be di...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. By application filed 31 January 2025 Telina Webb, Paul McEwan and Draftcom Pty Limited (Applicants) sought an order for "penalty for contempt in the face of the Tribunal, NCAT Act 2013 s 73" against the Secretary, Department of Communities and Justice (Respondent) (contempt application). 2. The grounds for the application were articulated as: "The Applicants' solicitor Justin Ca...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. The decision to confirm the Assessment of the respondent, the Commissioner of State Revenue, that the applicant, Eng Huat Sar, was liable for surcharge purchaser duty under Part 1 of Chapter 2A of the Duties Act 1996 (NSW) was published on 22 August 2024: see Sar v Chief Commissioner of State Revenue [2024] NSWCATAD 246 (the principal decision). 2. In that decision orders were ma...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. The Applicant, referred to in these proceedings as GHX, commenced proceedings on behalf of his child (Child), seeking administrative review of conduct of the Department of Education (the Department/Respondent) under the Privacy and Personal Information Protection Act 1998 (the PPIP Act). The public school attended by the Child published the Child's name and image in the School's N...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. This is an appeal by Dr Frank Simon Winter (the Practitioner) under s 159(1)(a) of the Health Practitioner Regulation National Law (NSW) (the National Law) against a suspension made at the second s 150 hearing on 20 March 2024 (the second s 150 hearing). The Medical Council of NSW (the Medical Council) seeks the appeal be dismissed. 2. The purpose of this hearing is limited to co...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. COMMISSIONER: This appeal concerns a development application for the construction of a new residential care facility and a new independent living unit facility, together with works in a mix-used complex containing those new buildings in addition to an existing church and community hall, at 7-13 Bellevue Road and 38-40 Princes Highway, Figtree. The appeal is lodged pursuant to s 8....