Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. The plaintiff brings a claim for damages pursuant to s 25 of the Companion Animals Act 1998 (NSW) (CAA) arising out of events which occurred on 24 April 2020. 2. On that day, the plaintiff was walking her dog Lexi, an 11-year-old shih tzu, along a suburban street in Mortdale. Lexi was on a retractable lead at the time. 3. It is not controversial that the defendant's dog, a la...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. This appeal concerns a dispute between a lot owner (the Respondent to the appeal) and the Owners Corporation of the Strata Plan constituted by the Appellant. 2. In August last year the Respondent lodged an application in the Consumer and Commercial Division of the Tribunal seeking orders against the Appellant. In brief terms the application alleged that the Appellant had breac...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. The Applicant bought a 40 acre property at Bellingen in August 2019. There was an existing house ("Existing House"), a large shed ("Shed"), and a caravan (with annex) ("Caravan") on the property when he purchased it. 2. He claimed, and received, a full exemption from duty under the First Home Buyers Assistance Scheme ("the Scheme) in the Duties Act 1997 (NSW) ("Duties Act"). T...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. Mr Singh is a chiropractor. In Singh v Health Care Complaints Commission [2024] NSWSC 1307 the Supreme Court set aside the orders made by the Tribunal in Health Care Complaints Commission v Singh [2023] NSWCATOD 124 (the Stage 1 decision). Those orders were that Mr Singh was guilty of unsatisfactory professional conduct and professional misconduct as defined in s 139B and 139E ...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. On 20 August 2024, the applicant, who has been given the pseudonym GQK, applied for a working with children check clearance pursuant to the Child Protection (Working with Children) Act 2012 (NSW) (WWC Act), nominating "clubs or other bodies providing services to children" as the relevant child-related employment sector. The applicant was notified that his application was refuse...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. These proceedings originated in the Consumer and Commercial Division as 23/00378035 (formerly HB 23/39594) filed 30 August 2023. In a decision on 6 December 2023 a member ordered the current appellant (the then-respondent) to pay the applicant (the respondent to this appeal) $3,045 immediately. We shall refer to the parties in the way they appear in this appeal. 2. In his writ...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. Outcome of proceedings 2. We have decided to refuse leave to appeal (to the extent that leave is required) and to dismiss the appeal for the reasons below. 3. When we reserved the decision we made orders for extra notes. As the parties wished, we have deferred issues of costs of the appeal until after delivery of this substantive decision. We have made directions for any furt...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by City of Canada Bay Council of DA2024/0121 (DA). The DA as amended seeks development consent for the demolition of an existing dwelling and the construction of a new two storey dwelling with basement car lift, swimming pool and associ...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. This is an application for administrative review under s 55 of the Privacy and Personal Information Protection Act 1998 ("PPIP Act") arising out of alleged breaches of that Act and alleged breaches of the Health Records and Information Privacy Act 2002 ("HRIP Act"). Background 2. Following events at the applicant's workplace in December 2020, the applicant, GJO ("Applicant") ...
Australia, Aug. 16 -- New South Wales Land and Environment Court issued text of the following judgement on July 15: 1. COMMISSIONER: This appeal concerns a development application for alterations and additions to an existing dwelling house, including a first floor addition, at 25A Queens Road, Connells Point. The development application was refused by the respondent on 25 November 2024. The appeal is lodged pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act). In ex...