NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR THE OWNERS - STRATA PLAN NO 55468, ET AL. V/S JESSICA SILBERSTEIN, ET AL. CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. These reasons for decision should be read with, and use the same abbreviations as in, the decision that we made on 8 May 2025: The Owners - Strata Plan No 55468 v Silberstein [2025] NSWCATAP 102 (the appeal decision). In the appeal decision, we relevantly made the following order 5 (the appeal costs order) and order 7 relevantly comprising procedural orders for the lodgement an...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR JERRY JAROSLAV KRATOCHVIL V/S CUTTING CHOICE CARPENTRY CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 15 January 2025. The decision concerns a long running residential building dispute, governed by the provisions of the Home Building Act 1989 (NSW) (HBA) 2. The appellant, Mr Jerry Jaroslav K...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR HBI V/S COMMISSIONER OF POLICE, NSW POLICE FORCE CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. HBI (the Applicant) seeks review by the Tribunal of an internal review decision of the Commissioner of Police, NSW Police Force (Respondent) made on 4 February 2025 under the Firearms Act 1996. The internal review decision affirmed a decision of the Respondent made on 28 November 2024 to impose a Special Condition on the Applicant's Category AB firearms licence (the firearms li...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR HUAI NING LIN V/S COMMISSIONER OF VICTIMS RIGHTS CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. In July 2017 the applicant Ms Lin was convicted at Hornsby Local Court of the offence of assault occasioning actual bodily harm (s 59 Crimes Act 1900). 2. Subsequently in November 2018 a delegate of the Commissioner of Victims Rights (the respondent), approved a payment of victims support to the victim of the assault perpetrated by Ms Lin. The amount of support approved was $5...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR ALL CIVIL SOLUTIONS GROUP V/S WOONONA-BULLI RSL MEMORIAL CLUB CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. In December 2023, Warrane Design Construct Fit-Out (the Builder) engaged All Civil Solutions Group Pty Ltd (the Subcontractor) to carry out part of the construction work it was contracted to do for Woonona-Bulli RSL Memorial Club Ltd (the Club). This dispute is one of many between the parties. It concerns the Subcontractor's claim against the Club for payment of money due to it...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR RICHARD WARWICK GAZZARD, ET AL. V/S WORMALD MALANDA, ET AL. CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. These proceedings were commenced by a summons filed on 22 August 2024 (summons) by Richard Gazzard (Mr Gazzard), the first plaintiff, and Badajoz Property Pty Ltd, the second plaintiff. The defendants named in the summons are Wormald Malanda Pty Ltd as trustee for Anthony Hekeik Trust (first defendant), Wormald Malanda Pty Ltd as trustee for Raymond Hekeik Trust (second defenda...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR JACQUELINE FRANK V/S MOSAIC BRANDS CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. By Originating Process filed on 17 June 2025, the Plaintiff, Ms Frank, seeks an order that she be granted leave to commence and continue these proceedings against the First Defendant, Mosaic Brands Ltd (admin apptd) (recs and managers apptd) ("Company") and, substantively, an order under s 203AA(2) of the Corporations Act 2001 (Cth) ("Act") that the date that she resigned as a ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR REX V/S MR TITUS EMANUEL DAY CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. The accused submits that for the purposes of counts 1-11 and 13-35, being the counts of fraudulent embezzlement by a clerk or servant, contrary to s 157 of the Crimes Act 1900 (NSW), the jury should be directed in terms consistently with the statutory definition of 'dishonesty' contained in s 4B of the Crimes Act 1900 (NSW) [1] . That statutory definition reflects the test in c...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR REX V/S DOMINIC SALIBA CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. On the evening of 9 December 2022, Mr Saliba ("the offender") stabbed Bailey Jones ("the deceased") in the upper chest at Bomaderry in the State of New South Wales. Mr Jones died shortly after. Mr Jones was 18 years old at the time. Mr Saliba was 20 years old. They were cousins. 2. On 18 December 2024, Mr Saliba was arraigned on an indictment containing a single count that he,...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR JIANGLONG SHIPBUILDING V/S BIRDON CASE

Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. On 27 June 2025, I indicated that security for costs would be ordered against the plaintiff, Jianglong Shipbuilding Co Ltd, in the sum of $600,000. I now provide reasons for those orders. 2. Jianglong is a shipbuilding company domiciled in the People's Republic of China. It has no assets in Australia. It has sued the defendant, Birdon Pty Ltd, for payment of $1,132,830 under a...