Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. Mr Christopher Vrontas, the plaintiff, owns what started out life as a 2015 Audi S3 sedan. He bought the car in December 2018. 2. Mr Trenten Demos, the first defendant (Mr Demos), is a director of the second defendant, Etuners Group Pty Ltd (Etuners). 3. Mr Vrontas sues both defendants for damages for breach of contract and for loss or damage pursuant to section 236 of the Austr...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. On 25 July 2022 Mr Angus Hoskins was severely injured when he fell from height while working on residential premises at Avalon Beach. Mr Hoskins was employed by Wrigley Roofing Co Pty Ltd (Wrigley). Customconstruction Pty Ltd (Customconstruction) was the corporation undertaking the residential construction work. Customconstruction engaged Wrigley to undertake roofing work at the s...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. This judgment concerns an application for costs when a prosecutor has withdrawn charges. Background 2. On 19 March 2019 a SafeWork NSW (SafeWork) Inspector visited the premises of Stonework Marble and Granite Pty Ltd (Stoneworx). Following that visit SafeWork issued Improvement Notices to Stoneworx in relation to the risk posed by the inhalation of respirable crystalline silica ...
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 refusal by the Cumberland Council (the Council) of DA2024/0278 (the Development Application) for the demolition of the existing structures and construction of a new co-living house (the Proposed Development) on land at 26 Railway Terra...
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 deemed refusal by the Woollahra Municipal Council (the Council) of DA No 10/2023/1 (the Development Application) for the demolition of the existing residential flat building and construction of a three-storey residential flat building ...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. KIRK JA: The sole issue in this appeal is whether an injury to the skin (which is not also an injury to nerves) is a "soft tissue injury" as defined in s 1.6 of the Motor Accident Injuries Act 2017 (NSW) (the Act). The issue has been considered by a number of review panels of the Personal Injury Commission in recent times, reaching different answers, and with even those panels rea...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. KIRK JA: The sole issue in this appeal is whether an injury to the skin (which is not also an injury to nerves) is a "soft tissue injury" as defined in s 1.6 of the Motor Accident Injuries Act 2017 (NSW) (the Act). The issue has been considered by a number of review panels of the Personal Injury Commission in recent times, reaching different answers, and with even those panels rea...
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) against the deemed refusal of development application D/2024/783 (DA) by the Council of the City of Sydney (Council). 2. The applicant seeks consent for alterations and additions to the existing centre-based childcare facility and construction of a new building with b...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. DAVIES J: I have had the considerable advantage of reading Dhanji J's judgment in draft. I agree with his Honour's reasons and the orders he proposes. 2. WRIGHT J: I agree with the orders proposed by Dhanji J for the reasons given by his Honour. 3. DHANJI J: The Crown, pursuant to s 5D(1) of the Criminal Appeal Act 1912 (NSW), appeals against the sentence imposed upon the respon...
Australia, June 2 -- New South Wales Land and Environment Court issued text of the following judgement on May 2: 1. HARRISON CJ at CL: The direction given to the jury by the trial judge, which is the subject of the present application, was erroneous for the reasons explained by Dhanji J in his judgment, with which reasons I agree. Notwithstanding that error, in accordance with the orders of this Court made at the hearing of the application, it was preferable in the circumstances of this case to...