Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: Mr Martyn ('the Applicant') applied to the Court, pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the Ms Stuart (the Respondent) to prune the hedge located between the properties. The trees a...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. The accused, Faron Kennedy, is alleged to have committed three offences, an aggravated break and enter contrary to s 112(2) of the Crimes Act and a specially aggravated break and enter contrary to s 112(3) of the Crimes Act. There was also a related offence before the Court under s 166 of the Criminal Procedure Act, being that he was a learner driver unaccompanied when he was d...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. By Originating Process filed on 14 March 2025, the Defendant, Nanevski Developments Pty Ltd (recs apptd) ("NDPL") applied to set aside a creditor's statutory demand dated 21 February 2025 ("Demand") issued by the Plaintiff, Sans Souci Aged Care Pty Ltd ("SSAC") under s 459H or s 459J of the Corporations Act 2001 (Cth) ("Act"). On 19 May 2025, I noted, by consent, that the Deman...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. HER HONOUR: On 23 May 2025, I heard an application by the plaintiff builder for advance evidentiary rulings under s 192A of the Evidence Act 1995 (NSW): Max Build Pty Ltd v The Owners - Strata Plan No 54026 [2025] NSWSC 533. I made rulings in respect of various expert reports. 2. Two reports prepared by quantity surveyor, Robert Madden, remained for consideration. While each r...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. Civil 1 Pty Ltd (the offender) appears for sentence after being convicted at trial of an offence under s 197 Work Health and Safety Act 2011 (the Act). 2. The Court's reasons for the finding of guilt are set out in the decision: SafeWork NSW v Civil 1 Pty Ltd [2025] NSWDC 82 (the verdict judgment). This judgment assumes familiarity with the verdict judgment and adopts the defi...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. The is my third judgment in these proceedings between Mr Fahmid Rahman and Ms Mita Rahman. It determines a motion heard yesterday, 11 June 2024. 2. The full relevant background to these proceedings is set out in my two prior judgments. The first judgment is Rahman v Rahman [2024] NSWSC 1616, and the second judgment is Rahman V Rahman (No. 2) [2025] NSWSC 516. These reasons ass...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. On 13 March 2025, I delivered judgment dismissing the plaintiff's amended summons seeking judicial review of a decision of the New South Wales Civil and Administrative Tribunal (the Tribunal) pursuant to s 69 of the Supreme Court Act 1970 (NSW) and ordering that the "plaintiff pay the costs of the first defendant in this Court": Khanna v Bunnings Group Limited [2025] NSWSC 199 ...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. These proceedings arise following an appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) against a Development Control Order No 11 issued by Randwick City Council (Council) to The Owners of Strata Plan 81812 (applicant) under s 9.34(1)(a) and Sch 5, Pt 1 of the EPA Act and dated 25 September 2024 (Order). 2. The Order was issued because th...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This concerns two applications. By an originating process filed on 10 September 2024, the plaintiff applies for an order under s 459A of the Corporations Act 2001 (Cth) that the defendant be wound up in insolvency. By an amended interlocutory process filed on 10 June 2025, the defendant seeks relief on the basis that the proceedings being prosecuted by the plaintiff is an abuse...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This proceeding concerns the proposed adoption of a child, whom I will call Eric Lowe, who is aged 19 months, by the proposed adoptive parents, whom I will call David Samuel Bailey and Emily Jayne Bailey. For convenience, and without intending any disrespect, I will refer to each of the individuals involved in this matter by his or her first name. 2. By Summons filed 4 April 2...