Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 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 DA2024.44 for the demolition of the existing structure and construction of a four storey co-living development with basement parking level at land legally identified as Lot 5 in DP31394, known as 15 Homebush Road, ...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 1. STERN JA: Between 9 and 14 March 2023, Lolo Liavaa, together with a number of other men, was an active participant in two joint criminal enterprises. The first involved an armed invasion, assaults and intimidation of the occupants and abduction of a 26 year old man, whom I will refer to as PV, from a home in Smithfield, Sydney (Smithfield house) in the early hours of 9 March 2023...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 1. STERN JA: Between 9 and 14 March 2023, Valali Tonga, together with a number of other men, was an active participant in two joint criminal enterprises. The first involved an armed invasion, assaults and intimidation of the occupants and abduction of a 26 year old man, whom I will refer to as PV, from a home in Smithfield, Sydney (Smithfield house) in the early hours of 9 March 202...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 1. COMMISSIONER: These proceedings concern an appeal pursuant to s 49(1) of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) against the Building Works Rectification Order (BWRO) issued to the Applicant by a delegate of the Respondent on 11 January 2024 and modified on 28 May 2024 (Modified BWRO). The BWRO and the Modified BWRO is issued und...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 1. COMMISSIONER: This appeal concerns an application to modify development consent DA-2017/484 (the consent). The consent approved alterations and additions to an existing dwelling, including a first floor addition and the carrying out of associated works at 240 Edinburgh Road, Castlecrag. 2. The Modification Application (DA/2017/484/D) seeks consent for the following modifications...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 1. Mitchelmore JA: The applicant, Aqualand North Sydney Lavender Development Pty Ltd, sought leave to appeal from freezing orders made by Stevenson J on the application of the respondent, the owners corporation of a mixed commercial and residential development in Milsons Point that the applicant developed (I will refer to the applicant below as the Developer). The respondent has bro...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 2: 1. On 2 September 2022 a woman and her three young children were walking home along a footpath on Parramatta Road, Leichardt when a 200-kilogram sliding gate (Gate) was opened, overran its supports and fell onto them, causing them to be injured. 2. SafeWork NSW as the prosecutor instituted proceedings against the company that had arranged for the Gate to be installed, 465 Leichhard...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 1: 1. By a Summons filed on 6 December 2024, the plaintiff, Heri Marlis Buestami, seeks judicial review of a Review Panel Certificate dated 12 September 2024. All named defendants filed submitting appearances and did not make any submissions to the Court. 2. The Review Panel was constituted after a delegate of the President of the Personal Injury Commission decided, on 2 December 2022...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 1: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the deemed refusal of DA-24/0456 for demolition of existing structures, removal of 21 existing trees and construction of a single storey childcare centre for 98 children with basement parking and associated stormwater and lan...
Australia, Aug. 2 -- New South Wales Land and Environment Court issued text of the following judgement on July 1: 1. COMMISSIONER: This appeal concerns a development application for the demolition of an existing house and the construction of an attached dual occupancy with basement garage, and Torrens title subdivision, at 10 Dalkeith Street, Sans Souci. The development application was lodged with Georges River Council on 27 September 2024. Following the expiry of the period after which a devel...