Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. By Originating Process filed on 5 March 2025, the Plaintiff, Ziwei Pty Ltd ("Ziwei") applied to set aside a creditor's statutory demand dated 13 February 2025 ("Demand") issued by the Defendant, AGL Logistics Pty Ltd ("AGLL"). On 5 May 2025, I made an order by consent that the Demand be set aside. Ziwei foreshadowed an application for costs of the application to set aside the D...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. In these proceedings, the plaintiff, Mr Billy Zamagias, sues the defendant, Ms Antoinette Saltalamacchia, in negligence for damages allegedly arising out of a motor vehicle accident which occurred on 22 May 2018. The defendant denies liability. The case essentially turns on who was responsible for the accident which occurred in which both parties were injured, the plaintiff see...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. By Interlocutory Process filed on 20 December 2024 ("Liquidators IP"), Mr Reidy, Mr Barnden and Ms Smith ("Liquidators") seek an order, under s 90-15 of the Insolvency Practice Schedule (Corporations) ("IPSC") that they are justified in declining to convene a meeting of the creditors of Balamara Resources Ltd ("Company") as directed by letter dated 9 December 2004 ("Direction")...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. HIS HONOUR: The first and second plaintiffs are husband and wife. They sue the defendant, The Sydney Children's Hospital Network, for what is alleged to be defamation. The Court is, in this judgment, dealing with the filing of an Amended Statement of Claim. 2. On 16 August 2024, Campbell J struck out the Proposed Amended Statement of Claim filed in the proceedings on 22 June 2...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. COMMISSIONER: Justin Bradshaw (the applicant) and Oliver Clive Roberts (the respondent) share a side boundary between their neighbouring properties in Beacon Hill. Both properties were located on a fairly steep slope that ascended towards the south, with north facing dwellings positioned near the centre of the land parcels. A large Blackbutt (Eucalyptus pilularis) (the tree) wa...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. On 18 May 2016, the plaintiff was injured while working at a building site in Riverwood in New South Wales. The plaintiff alleges he was employed by the first defendant as a formworker but was placed at the construction site to work under the second defendant (a labour hire arrangement). 2. The first defendant was placed under administration in August 2016. On 3 March 2025, th...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. On 20 August 2024 the Administrative and Equal Opportunity Division (AEOD) of the NSW Civil and Administrative Tribunal (NCAT) set aside a decision of a delegate of the Commissioner of Fair Trading (the appellant) to refuse to renew the Class 1 real estate licence of Ms Sarkees (the respondent). The Tribunal decided to grant her application to renew the licence. 2. Written rea...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. The plaintiffs, Adrian and Letticia Di Lullo ('the Di Lullos') engaged JG King Pty Ltd ('the Builder') to build a house on the Di Lullos' property in a town in south-western New South Wales ('the property'). The house was completed in June 2017. Subsequently, elements of the house, including the roof, the wall bracing, the walls, wet areas, cornices, floors and fixtures have su...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. The applicant applied to this Tribunal for administrative review of a Determination of Objection in relation to a restitution order that was made on 15 November 2024 by the Commissioner of Victims Rights (the respondent) under the terms of the Victims Rights and Support Act 2013 (NSW) (the Act). Victims support approved for the victim 2. On 11 September 2020, an Assessor appr...
Australia, July 14 -- New South Wales Land and Environment Court issued text of the following judgement on June 13: 1. This is an application for review of a decision of the Chief Commissioner of State Revenue (the "Respondent") to assess interest and penalty tax on unpaid amounts of surcharge purchaser duty. The Respondent's submission is that one of the applicants is liable for that interest and penalty tax. The applicants, however, disagree with the assessment of interest and penalty tax. B...