Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. Jason Saavedra (the applicant) makes an application for a costs certificate pursuant to the Costs in Criminal Cases Act 1967 (NSW) (CCCA) in respect of a Trial which commenced in Gosford on Thursday 30 January 2025. 2. On Thursday 6 February 2025, a jury of twelve found the applicant not guilty of the four charges on the Indictment version 29.2. STATUTORY FRAMEWORK 3. The CC...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. HER HONOUR: By motion filed on 8 July 2025, the plaintiffs (AMP) sought to present evidence of the contents of some 395 lever-arch folders of documents in the form of a summary under s 50 of the Evidence Act 1995 (NSW). 2. The admissibility of the summary was disputed by the 28 defendants (the insurers), who are legally represented in four groups: the first and second defendan...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. This judgment deals with an application by the plaintiff for an order for costs against the defendant on the ordinary basis, with interest. The defendant agrees that the plaintiff is entitled to an order for costs in its favour, but says that it should be for a proportion only of the plaintiff's costs (22% is suggested) or that the quantum of costs should be capped at $85,000. ...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. Rule 45.1(2) of the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR) provides that, where an originating process filed in the Equity Division indicates that the proceedings are to be entered in one of the Division's specialist lists, including the Commercial List, the proceedings are thereafter to be entered in that list. 2. Although the terms of sub-r (2) of r 45.1 of the ...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. Rule 45.2 of the Uniform Civil Procedure Rules 2005 (NSW) (the UCPR) confers a discretion upon this Court to order that proceedings entered in the General List of the Equity Division be instead entered in, inter alia, the Commercial List or the Technology and Construction List. 2. By a notice of motion filed on 19 June 2025, Apex Supply Chain Management (AU) Pty Ltd, seeks suc...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. TOn 15 July 2025, following a hearing, the Tribunal made an order declining to direct the Registrar to issue a summons requested by FZK, the Applicant in these proceedings. 2. The Applicant has requested written reasons for the making of that order under s 62 of the Civil and Administrative Tribunal Act 2013 (CAT Act). 3. These are the Tribunal's reasons for the making of the...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. The plaintiff, Andreas Karnauchow, who is a maximum security inmate at Goulburn Correctional Centre (GCC), seeks various orders by way of interlocutory relief pending the hearing of his application for judicial review of a decision of the NSW Civil and Administrative Tribunal (NCAT). Background 2. The background to these proceedings has been canvassed in Karnauchow v State of...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. On 11 March 2025, Kunc J gave reasons for setting aside a decision of Acting Registrar Onisforou in relation to the provision of security by the plaintiff for the defendant's costs of this litigation: One Lake Macquarie Pty Ltd (In Liquidation) v Athena Rose Capital Pty Ltd [2025] NSWSC 177 (the March judgment). The Acting Registrar had refused to make an order for security for...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. THE COURT: By Summons filed on 10 December 2024, the Council of the Law Society of New South Wales (the Council) sought: 1) a declaration that Mr George Sideris (the Respondent) is not a fit and proper person to remain on the Roll of Australian lawyers (the Roll) maintained by the Supreme Court of New South Wales, pursuant to s 22 of the Legal Profession Uniform Law (NSW) (LPU...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. On 4 July 2025, I dismissed with costs a notice of appeal on the basis that it was incompetent, on the separate applications of each of the respondents: Byrne v Turner Freeman Lawyers [2025] NSWCA 146 (principal judgment). These reasons assume familiarity with the principal judgment. 2. In the penultimate paragraph of the principal judgment, I noted that both respondents sough...