Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. On 20 June 2025, I delivered judgment in these proceedings: Lewington v Dulyakarn [2025] NSWSC 635 (Principal Judgment). This judgment assumes familiarity with and uses the same defined terms as appears in the Principal Judgment. 2. The plaintiff sought to recover $170,000 paid to the defendant. I determined that, save for the return of a $20,000 "processing fee" paid by the p...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. WARD P: This matter involves a dispute as to the estate of the late Mrs Eva Easton, who died aged 89 on 11 September 2021; in particular, as to the deceased's testamentary capacity at the time, and her knowledge and approval, of the Will ultimately admitted to probate (the 2020 Will). The first respondent, Mr Geoffrey Knox, a solicitor, is one of the executors appointed under t...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. Hammerschlag CJ in Eq: This is an expedited appeal from a judgment of the Commercial, Technology and Construction List judge, Stevenson J (the Primary Judge) determining that the respondent (Sharvain) is entitled to judgment against the appellant (Roberts) for $3,207,999.03 (including interest, $3,278,043.27) by dint of the operation of ss 14(4) and 15(2)(a)(i) of the Building ...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. These proceedings are an appeal from a decision of the respondent refusing to grant the applicant a firearms licence for which he had applied on 30 June 2024. By a decision made on 25 September 2024, the respondent refused the application, based on information provided by the applicant's treating psychiatrist. The respondent considered that she could not be satisfied that the a...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. This decision concerns an application for a new award filed by the Industrial Relations Secretary on behalf of the New South Wales Education Standards Authority ("NESA") with the consent of the Australian Education Union New South Wales Teachers Federation Branch ("Federation"), the Independent Education Union of Australia NSW/ACT Branch ("IEU") and the National Tertiary Educat...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. This decision concerns an application for a new award filed by the Industrial Relations Secretary on behalf of the New South Wales Education Standards Authority ("NESA") with the consent of the Australian Education Union New South Wales Teachers Federation Branch ("Federation") and the Independent Education Union of Australia NSW/ACT Branch ("IEU") on 11 July 2025 ("Application...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. This decision concerns an application for a new award filed by the Industrial Relations Secretary on behalf of the New South Wales Education Standards Authority ("NESA") with the consent of the Australian Education Union New South Wales Teachers Federation Branch ("Federation") on 11 July 2025 ("Application"). 2. The Application seeks that the Commission make, pursuant to s 10...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. Before the Court for its consideration is an oral application by the plaintiff for orders that a Notice of Motion filed on 29 April 2025 seeking leave to commence proceedings pursuant to s.151D of the Workers Compensation Act 1987 (NSW) be adjourned for determination by the trial judge. 2. The background to the matter is that the plaintiff was a police officer from 8 May 2009 ...
Australia, Aug. 23 -- New South Wales Land and Environment Court issued text of the following judgement on July 23: 1. COMMISSIONER: In late 2024, Quan Zhang and Xia Chen planted a row of slender weavers bamboo along the rear boundary of their St Ives property, comprised of two adjoining lots. Kim and Christopher Papapantos live in the adjoining property to the east. On the basis that the bamboo obstructs sunlight to their dwelling, the Papapantoses have applied to the Court seeking orders for ...
Belconnen, ACT, Aug. 23 -- ACT Policing issued the following media release: ACT Policing is seeking witnesses to an alleged sexual assault that occurred in a bar on Genge Street earlier this month. About 12.45am on Saturday 9 August (2025), officers the Territory Targeting Team were conducting patrols on Bunda Street when they were flagged down by security staff from a licenced premises on Genge Street. The security reported two males had been removed from the bar after allegedly making repea...