Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. LEEMING JA: By motion filed on 2 June 2025, the second defendant to these proceedings commenced slightly more than three years ago, Mr Nicholas Patrick Cain, seeks among other things that the hearing be vacated and the matter set down for a trial at some later date. The trial was set down for hearing to commence on 28 July 2025 with an estimate of five days. That happened as lo...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. These proceedings are brought under the Motor Accident Injuries Act 2017 (NSW) (MAIA). On 2 July 2024 the Personal Injury Commission decided that the claim by the Plaintiff was not suitable for assessment and was exempt under s 7.34(1)(b) of the MAIA, presumably due to complexity and the fact that the insurer denied liability. 2. By operation of s 3B(1)(e1) of the Civil Liabil...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. Mill HR Pty Ltd (Mill HR) has pleaded guilty to the following offence: "That as a person who had a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (the WHS Act), it failed to comply with that duty and thereby exposed workers, in particular Hanna Gerges (Mr Gerges), to a risk of serious injury contrary to s 32 of the WHS Act." 2. Duralina Pty Ltd (D...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. Bellabrae Homes Pty Ltd (Bellabrae) is a registered corporation, with its registered address at 31 Bugle Circuit, Kellyville NSW 2155, from which it operated as a person conducting a business or undertaking (PCBU) in residential construction. At all material times, Mr Gagandeep Jitla (Mr Jitla) was the sole director of Bellabrae. 2. Bellabrae entered a plea of guilty to an off...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. By Notice of Motion (NOM) filed 27 May 2025, Wallaby Grip Limited (WGL) and Wallaby Grip (BAE) Limited (In Liquidation) (the defendants) seek the following orders against Amaca Pty Limited (formerly James Hardie & Coy Pty Ltd) (Amaca): 1) Pursuant to reg 20(1) of the Dust Diseases Tribunal Regulation 2019 (NSW), that this matter be removed from the Claims Resolution Process (C...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. I delivered judgment in this matter on 16 May 2025: Kolevski v Timber Creek Holdings Pty Ltd [2025] NSWSC 487 (the Judgment (J)). I made orders for the possession and sale of the Shell Cove property and the Port Kembla property, although the orders in relation to the Port Kembla property were stayed for the reasons explained at J[259]-[260]. The orders made on 16 May gave effec...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. THE COURT: Michael Wilson & Partners Ltd (MWP) is a company incorporated in the British Virgin Islands. Mr Michael Earl Wilson is a solicitor, with an entitlement to practise in New South Wales, although he resides in Kazakhstan. For many years, there has been litigation between MWP and the respondent, Mr John Forster Emmott. It is unnecessary to summarise that litigation, and ...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. This is an appeal from a decision of the Tribunal dismissing an application by tenants under the Residential Tenancies Act 2010 (NSW) (RT Act). 2. Mr Mortley and Ms Mortley are co-tenants and are both parties to the appeal as they were applicants in the proceedings below. In this decision, any reference to "the tenant" is a reference to Mr Mortley, who corresponded with the la...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. This is an appeal under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (the NCAT Act) from a decision made in the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal (the Tribunal) under the Fair Trading Act 1987 (NSW). 2. In both the Tribunal and at the appeal proceedings, the applicant/appellant was represented by a directo...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. BELL CJ: This is an application for leave to appeal from an interlocutory judgment of Faulkner J (the primary judge) in which his Honour declined to order pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that certain questions be decided separately from and before any trial in the proceedings: LSR3 v New South Wales [2024] NSWSC 1570 (PJ or primary judg...