Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. By amended summons filed on 7 April 2025, the plaintiff, Insurance Australia Limited trading as NRMA Insurance as agent for the Nominal Defendant (the insurer), seeks to challenge the following: 1) the decision of the second defendant of 2 December 2024, Dr Sophia Lahz (the medical assessor), that the first defendant, Craig Toole (the claimant) suffered 5% Whole Person Impairm...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. On 17 June 2025, the Industrial Relations Secretary, on behalf of the SAS Trustee Corporation Staff Agency (State Super) filed an application to vary the State Super Enterprise Agreement 2024-2027 (Current Agreement) by a further enterprise agreement between State Super and the non-executive employees of State Super pursuant to s 43(1) of the Industrial Relations Act 1996 (NSW)...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. Introbuild Constructions Pty Ltd ('the plaintiff') is a building company in New South Wales ('NSW'). It requires Home Building Compensation Fund insurance ('HBCF insurance') to enter residential building contracts exceeding $20,000: s 92 of the Home Building Act 1989 (NSW) ('the HBA'); reg 53 of the Home Building Regulation 2014 (NSW). 2. The plaintiff has been unable to obtai...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. The matter before me concerns an application for costs by the Applicant in respect of the Second Respondent's Notice of Motion filed on 3 April 2025 (the Motion). That Motion sought a vacation of the hearing dates in the proceedings and was not moved on. Instead, the Second Respondent filed an Amended Notice of Motion on 15 May 2025 (the Amended Motion) which withdrew all claim...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. The Accused has been arraigned on five charges pursuant to s 474.19(1) of the Criminal Code (Cth). They each concern alleged transmission, accessing, or possession of child pornography material. 2. Each of the charges carries a maximum penalty of 15 years imprisonment. The Accused has pleaded not guilty to each charge. 3. All of the material, the subject of the charges, is al...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. THE COURT: The applicant, Nader Mohareb, seeks leave to appeal from the orders of Weber SC DCJ, made on 5 July 2024, dismissing two notices of motion that the applicant filed in proceedings commenced in 2018 against the first respondent, the State of NSW (the State), and the fourth respondent, Northern Beaches Council (the Council). His Honour described the notices of motion at...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. COMMISSIONER: These proceedings relate to an appeal to the Court pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the actual refusal of development application DA2022/0358. That development application seeks consent for the demolition of existing structures and the construction of 25 industrial units and 37 self-storage units over bas...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 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 DA/530/2024 (DA) by Randwick Council. 2. The DA, as amended, seeks consent for partial demolition, alterations and adaptive re-use of existing buildings at 11-13 Abbotford Street, demolition of existing building...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. A Statement of Claim was filed in this matter on 21 December 2023 by the plaintiff, Mr Nicholas Martin. The claim alleges medical negligence and trespass against the defendant, Mr Roland von Marburg, in relation to a consultation that took place between the parties on 16 April 2003 and in relation to surgery performed upon Mr Martin by Mr von Marburg on 13 May 2003. Mr von Marb...
Australia, Aug. 19 -- New South Wales Land and Environment Court issued text of the following judgement on July 18: 1. These proceedings relate to the estate of the late John Leslie Boreland (the deceased) who died on 28 April 2025, aged 81. They were commenced by his former wife, the plaintiff, on 12 June 2025 when orders were made for her summons and affidavit in support to be filed in court. The defendant is John Boreland, the executor under the last will of the deceased dated 23 April 2025 ...