Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), brought by Mosman Finance Bexley North Pty Ltd (the Applicant), against the deemed refusal of Development Application DA-2024/93 (the DA), by Bayside Council (the Respondent). 2. At the date of its lodgement on 23 April 2024, the DA sought consent for the consolid...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. COMMISSIONER: These proceedings are a Class 1 development appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Modification Application DA/133/2003/F (the sixth Modification Application) by the Central Coast Council to modify Development Consent DA/133/2003 to change the design of a new residential flat building at Lot ...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. COMMISSIONER: This is a Class 2 local government appeal pursuant to s 180 of the Local Government Act 1993 (LG Act) against the Order issued by the respondent on 16 September 2024 under item 27 in s 124 of the LG Act (Order), requiring the applicant to remove/relocate specified moveable dwellings from public land identified as Lot 3 in Deposited Plan 535174, located at Chindera...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. XYZ Services Pty Ltd (XYZ) sought development consent for the demolition of an existing dwelling house and separate garage on the existing lot (the site), the Torrens Title subdivision of that lot into two lots, and the erection of two new detached dwelling houses (one on each resulting lot), each with a swimming pool, deck, foreshore access and associated landscaping, at 1 Lon...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. PSMG Pty Limited and Mr Whitney Hong Wang ("the Applicants" and "PSMG" and "Mr Wang" respectively), held licences under the Property and Stock Agents Act 2002 (NSW) ("the PSA Act") to manage strata properties. On 24 July 2024, the Commissioner for Fair Trading ("the Respondent") decided to cancel the licences held by the Applicants, to reprimand them and to disqualify each of t...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. Mr Andrew Fong (the Applicant) has made an application to the Tribunal (the Applicant's new review application) seeking an administrative review of a decision of the Secretary of the Department of Customer Service (the Respondent). The Respondent's decision (the latest refusal decision) was to refuse to grant the Applicant's application for an individual contractor licence unde...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. By summons filed on 1 May 2025, the State of New South Wales ("the plaintiff") seeks an order under s 7(4) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"), appointing two qualified psychiatrists or registered psychologists to examine Mr Robert Strong ("the defendant") and report to the Court (with consequential orders). 2. The plaintiff also seeks an interim sup...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. I delivered judgment in these proceedings on 30 May 2025: McLean v Cree [2025] NSWSC 577 (the principal reasons). I ordered pursuant to s 59 of the Succession Act 2006 (NSW) that further provision in the sum of $75,000 should be made for the plaintiff. I further ordered that the interest which the deceased held in the Malabar property and which was distributed by the defendant,...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. These proceedings concern the estate of the late Elvina Mei Yi Wong, who died at the age of 59 on 5 May 2021. The plaintiff is Mr Hasso Nibbe, with whom the deceased was in a close relationship for about 20 years prior to her death. The defendant is the deceased's sister, Ms Christine Mei Lee Wong, who is the executor of the deceased's estate. 2. The plaintiff seeks an order f...
Australia, July 30 -- New South Wales Land and Environment Court issued text of the following judgement on June 30: 1. The Applicant is Asan Construction Management Pty Ltd in its capacity as trustee for the Nikkhah Family Trust ("Trust"). 2. The Tribunal has been asked to review surcharge land tax assessments for the 2018 to 2022 land tax years, which were issued to the Applicant by the Respondent, the Chief Commissioner of State Revenue. 3. Mr Peirouz Nikkhah is a director of the trustee co...