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 ground...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. Andrew and Anna Berk survived the Holocaust. They died in the 1990s and are now buried in in the Rookwood Necropolis in Section 18E of Zone G, an area reserved and consecrated for the burial of people of the Jewish faith. Their daughter, Debby Karen Kollin, died on 30 April 2025. 2. The plaintiffs who represent the family of Debby Kollin ("the deceased") want her to be buried with her par...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. These proceedings concern a claim for specific performance of a contract for the sale of a parcel of land at Austral in the south west of Sydney. The land is more particularly described as X Boyd Street, Austral (formerly X Boyd Street) and is contained in folio X/X/X (Property). 2. The plaintiff (Castle Group) seeks specific performance of a Contract for Sale of Land of the Property date...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. On 27 February 2025, Mr V Shapkin (the applicant) lodged an administrative review application with the NSW Civil and Administrative Tribunal (NCAT) in which he sought to challenge a decision made by the Council of the Law Society of New South Wales (the Council or respondent) on 13 February 2025 to refuse his application for the grant of a practising certificate for the 2024/25 practising ...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. The Applicant seeks judicial review of Snowy Monaro Regional Council's (First Respondent or Council) decision to grant two development consents for the subdivision of land in Cooma (collectively, the Decision). 2. The primary issue for determination is whether the First Respondent's Decision authorised the subdivision of land in excess of the maximum permissible amount of lots under the C...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 21 January 2025. 2. The application to the Tribunal was brought by the respondent to this appeal whom we will refer to as the tenant against the appellant whom we will refer to as the landlord. 3. For the reasons set...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. Mr Andrey Efremov (the Applicant) seeks access to information held by the NSW Health Administration Corporation (the Respondent) in relation to medical devices which were used to test for Lyme disease in the period 2013 to 2024. 2. This is an application for administrative review of a decision of the Respondent to refuse to deal with an application to access information in reliance on s 6...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. The applicant lodged an application for a category AB firearms licence on 25 October 2024. That application was refused by a decision made on 8 November 2024. The applicant sought internal review of that decision on 22 November 2024 and on 18 December 2024, the internal reviewer affirmed the original decision. He then sought review from the Tribunal by an application filed on 20 December 2...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. On 12 July 2023 the Tribunal determined three complaints brought by the Health Care Complaints Commission ("the Commission") against a doctor, who sought and obtained a suppression order and who was afforded the pseudonym, FWX ("the Respondent"). The proceedings were brought pursuant to the Health Practitioner Regulation National Law (NSW) (the National Law). At the conclusion of the Stage...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. This is an appeal by Mr Michael Udy (the Appellant) against orders made by the Tribunal (the Tribunal below) concerning the termination of a fixed term residential tenancy agreement between the Appellant and Mr Graham Barton (the Respondent). 2. The Respondent did not appear at the hearing for this appeal. It is true that an Appeal Panel must afford a party to proceedings before it with a...