Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. MITCHELMORE JA: I agree with Stern JA. 2. STERN JA: Duc Thuong Le was injured in a motor vehicle accident at around 3.20 am on 7 October 2018 when the car in which he was a passenger collided at speed first with another car and then with a street sign and a tree in York Street, Sydney. He sustained a number of injuries and submitted a claim for personal injury benefits under the...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. COMMISSIONER: Mr Goldberg (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 Respondent to prune the bamboo hedge located between the properties. The bamboo is close to the Respondent's rear and side boundaries of the rear yard of 73 Ocean Street Bondi. Of particular concern t...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. On 6 March 2023 an order was made cancelling the registration of Dr Edward Gao (the Practitioner) with a non-review period of 12 months. 2. By an Application filed on 5 November 2024, and pursuant to s 163A(1)(b) of the Health Practitioner Regulation National Law (NSW) (National Law), the Practitioner seeks a review of that order and that the Tribunal make a reinstatement order ...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. ADAMSON JA: I agree with the orders proposed by Dhanji J and, with one exception, with his Honour's reasons. I would prefer not to express a view about the potential consequence of a sentencing judge omitting to specify a non-parole period in respect of an offence for which a standard non-parole period was specified ([64]-[74] of Dhanji J's reasons) as this question was not the s...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. STERN JA: On 28 June 2023, the applicant, who elected under s 132 of the Criminal Procedure Act 1986 (NSW) to have a judge-alone trial, was convicted of one charge of carnal knowledge by a teacher contrary to s 73 of the Crimes Act 1900 (NSW) (as it then was). The conduct charged was that, on a day between 1 July 1980 and 12 December 1980, at Maroubra, he did unlawfully and carna...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. Holcim (Australia) Pty Ltd filed the Statement of Claim in this matter on 1 May 2024. 2. Holcim alleged that Sheds and Garages Plus Pty Ltd was in breach of a contract entered into with the plaintiff on 26 July 2022 ('the contract') for the supply and construction of two large sheds, referred to as the Kit Shed and the Hot Rolled Shed. The defendant delivered to the plaintiff's ...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. STERN JA: I have had the very great benefit of seeing a draft of the judgment of Ierace J. I agree with his Honour that ground 3 should be upheld and I agree with his Honour's reasons for so finding. I agree with his Honour's reasons for rejecting ground 2. 2. As to ground 5, whilst the sentencing judge made observations in his remarks on sentence to the effect that there was "s...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. The plaintiff holds an Australian Financial Services licence. 2. The first defendant, Mr Dimarco, is a financial advisor and the sole director and shareholder of the second defendant, Dimarco Capital Pty Ltd. 3. By an agreement dated 10 September 2018, the plaintiff appointed the second defendant as one of its authorised representatives. 4. That agreement was terminated on 2 A...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. Robert John Tucker (the defendant) has pleaded not guilty to an offence that as a person with a work health and safety duty imposed by s 28 Work Health and Safety Act 2011 (the Act), that he failed to comply with that duty and thereby exposed Matthew Richens to a risk of death or serious injury, contrary to s 32 of the Act. 2. On 24 May 2021 the defendant and Mr Richens were wor...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. These proceedings commenced on 20 March 2023. The proceedings sought possession of a property known as 56N Pakington Street, also known as Willow Lane, in Walcha. The order for possession and a liquidated sum was sought against the defendant by reason of her default under a credit arrangement with the bank. The property was mortgaged to the bank as security for the loan. Default ...