Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. This judgment concerns two Notices of Motion: 1) A Notice of Motion filed on 6 May 2025 by the plaintiff Mr David Kelsall seeking verified discovery from all three defendants (the Discovery Motion). 2) An Amended Notice of Motion filed on 20 May 2025 by Mr Andersen solicitor seeking orders that Mr Kelsall's pleadings against his client be set aside or dismissed or struck out or...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. Mr Gregory Mills (the Applicant) seeks access to information held by the University of New England (the Respondent) in relation to a possible claim for breach of procedural fairness in the course of his previous employment relationship with the Respondent. 2. This is an application for administrative review of a decision of the Respondent to refuse to deal with an application to...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by the City of Sydney Council, of Development Application DA2024/842 which seeks consent for the demolition of an existing dwelling and construction of a three-storey dwelling with basement, new rear garage with studio above, associated landscaping and tree removal at Lot 1 DP 1307323, 4 Alexander St...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. COMMISSIONER: Development for the purpose of a dwelling house is proposed on a site on the western half of the Hunters Hill peninsula, at a site known as 48 Barons Crescent, Hunters Hill. 2. To this end, development application DA2023/0134 was lodged with Hunters Hill Council on 30 October 2023 by the applicant in these proceedings, Mr Ebrahim Imseis and Ms Rina Imseis (together...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. COMMISSIONER: Mr and Mrs Battiato of 20 Kanangra Avenue Corlette submitted an application, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (Trees Act). 2. There is a retaining wall (approximately 10 - 12 metres long) situated between 20 Kanangra Avenue Corlette and the neighbouring property owned by Mrs Clifton, the Respondent, of 22 Kanangra Avenue C...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by Sutherland Shire Council, of Development Application DA24/0297 which seeks consent for the construction of a shared jetty, ramp, pontoon, two turpentine piles and alterations to an upper entry to the seawall at 168 and 172 Gannons Road, Caringbah South. 2. These proceedings have been brought to t...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed 14 May 2025, the applicant seeks a stay of a writ of possession issued by Faulkner J on 22 April 2025 in New South Wales v Simpson [2025] NSWSC 429 (PJ or primary judgment). The applicant on the motion is the same person as the defendant below but prefers to use his Indigenous name. 2. A notice of appeal was filed 30 April 2025. It raises the following nine groun...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed on 20 March 2025, the second defendant seeks an order that the matter be transferred to the Federal Circuit and Family Court of Australia to be joined to proceedings between Ms Bastani Viarsagh and Mr Nicita, bearing case number SYC2678/2024, pursuant to s 4, 5(1)(a) and (b) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) and s 79(10) of the Family La...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. By notice of motion filed 16 May 2025, the respondent to the appeal challenges the competency of the appeal, as she is entitled to do under r 51.41 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). 2. The appeal is from the decision of Lindsay J in May v Costaras [2025] NSWSC 90. His Honour held that a property was held on trust by the parties in the proportions of two-thirds for th...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. These are my reasons for making orders on the application of the fifth defendant on 30 May 2025, granting a stay of the execution of orders made against him on 20 December 2024 in favour of the second and fourth plaintiffs, until the conclusion of the first day of the hearing of the fifth defendant's appeal from those orders, conditional upon: (1) the fifth defendant providing a written un...