Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This is an application under s 55(1) of the Privacy and Personal Information Protection Act 1998 (NSW) ("PPIP Act") made by the Applicant on 8 January 2025 for administrative review of the conduct of the Port Stephens Council which the Applicant alleges was in contravention of the Information Protection Principles ("IPPs") of the PPIP Act ("External Review Application"). 2. At ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), brought by Lester Lay Wan (the Applicant), against the deemed refusal of Development Application 8.2024.312.1 (the DA) by Mosman Municipal Council (the Respondent). 2. At the date of its lodgement on 10 January 2025, the DA sought consent for the demolition o...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: St Mary's Cathedral in Sydney has been a part of the Sydney skyline in some form for more than a century, and a Catholic Church has been a feature of its site since a church of that name was first dedicated in 1836. 2. Put simply, it is a site of significance to the Catholic community in Australia. It is also a site of heritage significance for the built form tha...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: 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 refusal of the applicant's development application No. 8/2021/21939/1 (Development Application). The Development Application, as lodged, sought consent for a 336 lot residential subdivision and assoc...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. The substantive proceedings in this matter concern an application under section 84 of the Industrial Relations Act 1996 (the IR Act) alleging the termination of the Applicant from her position as a Student Learning Support Officer - Hearing Support (an SLSO) employed by the education service was harsh and unjust or unreasonable. 2. The Applicant worked as an SLSO at schools in...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: Pursuant to the provisions of s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), these proceedings concern a Modification Application DA-1139/2022/A (the MA) made directly to the Court by ANBZ Investments Pty Ltd (the Applicant). In these circumstances, Liverpool City Council (the Respondent) is required to exercise certain functions ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. Khalil Kobeissi, you appear for sentence today in relation to the principal offence of aggravated break and enter a dwelling house and commit serious indictable offence (the circumstance of aggravation being that you knew there were persons within the dwelling house and the serious indictable offence being robbery in company). This is sequence 4. 2. Sequence 4 involves a contr...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. In this matter the parties come before the Court at the request of the defendant in circumstances in which the defendant has failed to comply with earlier case management orders in a significant way. Despite being ordered to file an evidentiary statement of the defendant, obviously a very important piece of evidence, by 14 March 2025, the defendant only served the report in lat...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. On 23 July 2025 I made orders ex parte granting interim anti-suit and anti anti-suit injunctions against the respondents to the plaintiff's amended notice of motion dated 22 July 2025 (plaintiff's motion): see Maria-Christina Perez de la Sala v Felicite Terrill Perez de la Sala [2025] NSWSC 835. For convenience, I will use the same defined terms as in that judgment. When the ma...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. On 1 April 2025, the Appeal Panel constituted by Deputy President S Westgarth and Principal Member K Robinson in FHP v Arys Health Pty Ltd [2025] NSWCATAP 66 made a decision (the 1 April 2025 AP Decision) comprising the following orders (the 1 April 2025 AP Orders) and reasons: "(1) To the extent leave is required in respect of the appeal concerning the order affecting the Sec...