Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. WARD P: This appeal arises out of the failed attempt by the first appellant, Mr Bernard Fussell, to purchase an industrial site at Camellia (the Property). Mr Fussell entered into a contract for sale of land dated 10 May 2012 with the owner, Mr James Lockrey, to acquire the Property for $1.7 million with a 5-year deferred settlement date (the sale contract). Mr Fussell did not s...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This case involves default on a loan agreement secured by a guarantee and mortgage over real property in Strathfield and came before the Court on Tuesday this week in circumstances of some urgency. While the urgency had diminished to a degree by the time the matter was heard, it remained important to resolve the current issue quickly. 2. By an amended notice of motion filed 17 ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: This appeal and cross-appeal arise out of a challenge by Uber Australia Pty Ltd (Uber), a wholly owned entity within the Uber group of companies, to the assessment by the Chief Commissioner of State Revenue (Chief Commissioner) of payroll tax liability in respect of payments made to "Uber" drivers/partners. The difference between drivers and partners is explained by t...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: Grapple Pay Pty Ltd, the appellant (Grapple), appeals against orders made by Nixon J (the primary judge) in the Equity Division of the Supreme Court (the Court below) on 18 February 2025. The proceedings in the Court below ultimately turned on whether the transfer of rural property at Bentley, north-west of Lismore (the property), by Jarrod Conroy (whose trustee in ba...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. MITCHELMORE JA: On 24 October 2023, the applicant was found guilty after a trial in the District Court before Judge English sitting with a jury at Lismore of the following offences: 1) one count of detain with intent to obtain an advantage, namely psychological satisfaction, contrary to s 86(1)(b) of the Crimes Act 1900 (NSW) (count 2); and 2) three counts of common assault co...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This is a review of a decision made by the Department of Climate Change, Energy the Environment and Water ("Respondent") to refuse access to certain information. The information sought by the applicant, Mr Sean Purcell ("Applicant") concerns a voluntary public interest disclosure he had made. Background 2. The Applicant was a Senior Policy Officer with Heritage NSW in its Abor...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. LEEMING JA: I agree with N Adams J that the sentence imposed by the District Court was manifestly inadequate, that this Court should intervene on the bases of each of grounds 1 and 2, and with the sentence her Honour imposes. 2. Whether or not the respondent was at the "same level" of the "hierarchy" or "slightly above" or "slightly below" the level of his co-offender on one of...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) being an appeal against the refusal of Modification application under s 4.55(2) to amend approved DA1383/2021 to vary the Indicative Layout Plan (ILP) and update supporting plans and documents (Proposed Modification) at 470 Fourth Avenue, Aus...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent's deemed refusal of the applicant's development application (DA-2024/297) (Development Application) seeking consent for alterations and a first floor addition to an existing dwelling, demolition of existing garage, c...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. COMMISSIONER: Mr and Mrs Mallios (the 'Applicants') applied to the Court, pursuant to s 7 (Pt 2) and s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (NSW) (the 'Act'), seeking orders for the Respondents to remove the bamboo hedge located between the properties. The hedge is located close to the Respondents' side boundary of 7 Borgah Street, Carss Park. The Appl...