Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16: 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by Beaconsfield Pde Pty Ltd (the Applicant) against the refusal of their development application DA eDA0376/24. The development application, as amended, seeks consent for demolition of existing structures, tree removal, construction of a residential apartme...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16: 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) by Vigor Master Pty Ltd (the Applicant) against the refusal of their development application DA177/2024. The development application, as amended, seeks consent for alterations and additions and change of use from a dual occupancy to a detached dwelling, including...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16: 1. COMMISSIONER: This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Modification Application 2021/399/A (the Modification Application). The Modification Application seeks to modify development consent DA/2021/399 which granted approval for the demolition of an existing dwelling and construction of a new...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the respondent's deemed refusal of the applicant's development application DA/2021/984/1 (Development Application) seeking consent for the change of use of three existing sheds, construction of a new shed, earthworks, landscaping and tree ...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 16: 1. COMMISSIONER: These proceedings arise following an application to the Court under s 4.55(2) of the Environmental Planning and Assessment Act 1979 (EPA Act) to modify development consent DA330/2023 (the consent) granted by the Court in Comino v Woollahra Municipal Council [2024] NSWLEC 1336 (Comino v Woollahra). That decision granted approval for the construction of a three-stor...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. The offender pleaded guilty to the following offences: In relation to the victim EA: H96721672/2: Indecent assault person under 16 years of age contrary to s 61M(2) of the Crimes Act 1900. This offence carries a maximum penalty of 10 years' imprisonment. The offender asks the Court to take into account one count of commit act of indecency with person under 16 years (H96721672...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. The offender entered pleas of guilty at Sydney Downing Centre Local Court on 12 March 2025 to the following offences: 1) Sequence 1 - Use carriage etc to access Child Abuse Material contrary to s 474.22(1) of the Criminal Code (Cth). This offence carries a maximum penalty of 15 years imprisonment. 2) Sequence 2 - Use carriage service to possess Child Abuse Material contrary t...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. HIS HONOUR: The Court must deal with three applications relating to a juvenile, IA, who is 17 years of age. The applications relate to his imprisonment and are applications by IA for variation of bail that had been granted and a release application in relation to an offence or offences for which bail had been refused. The third application is a detention application made by the...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. The plaintiff claims priority to the proceeds of sale of two properties (the Kelly Street property and the Werrington County property). By notice of motion filed on 30 June 2025, it seeks summary judgment in the form of declarations as well as orders that the proceeds of the sales of the two properties (that have been paid into Court) be paid to its solicitor. It also seeks sum...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. The plaintiff, Sorak Thai Pty Ltd (the Company) seeks various relief against the first defendant, Ms Ratcharin Sopharak (Ms Sopharak) and the second defendant, Sorak & Co Pty Ltd (Sorak & Co) in relation to the sale by the Company to Sorak & Co of the restaurant business operated by the Company under the name 'Benjamas Thai by Chin' (Business) from leased premises located at 10...