Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. Andrew Sallway has applied to the Court seeking orders relating to a large Eucalyptus saligna (Blue Gum) (the tree) on a neighbouring property. The application has been made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act), under which Mr Sallway requests the Court make orders to remove the tree, and for the respondents, Martina Kapoor and Raan Kap...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. This decision considers the following question (Question): Does the Industrial Relations Commission (Commission) have jurisdiction with respect to the proceedings, or power to make an order in the proceedings pursuant to s 213 of the Industrial Relations Act 1996 (NSW) (IR Act), having regards to ss 20 and 26 of the Members of Parliament Staff Act 2013 (NSW) (MOPS Act)? 2. For...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. GPK is the parent of GPJ, a child with a diagnosed neurological condition which requires the use of a motorised wheelchair. GPK alleges that GZH, a Horse Association, has unlawfully discriminated against GPJ, on the grounds of disability, by requiring that GPJ wear a helmet while leading a horse during a horse show. GPK also alleges that GPK has been victimised by GZH, after mak...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), brought by Lorraine Fashion Pty Ltd (the Applicant), against the refusal of Development Application eDA0191/23 (the DA), by Ku-ring-gai Council (the Respondent). 2. At the date of its lodgment on 2 February 2024, the DA sought consent for the demolition of existing...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. This appeal considers whether a 12-month probation period that applied to a NSW public servant was determined in advance and whether it was reasonable, preventing him from being able to bring an unfair dismissal claim. It requires consideration of whether r 5 of the Government Sector Employment (General) Rules 2014 (GSE Rules), which permits a 12-month probation period, has the ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. MITCHELMORE JA: I agree with Kirk JA. 2. KIRK JA: Mr Christopher Dennis, the respondent, operated a motor mechanic business in Wagga Wagga. One service provided by the business was inspecting and testing motor vehicles and issuing "pink slips" for the purposes of vehicle registration. He was arrested by an officer of the New South Wales Police Force - for whom the appellant Sta...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. By a summons filed 13 March 2025 the State of New South Wales seeks a continuing detention order ("CDO") for a period of 18 months or in the alternative an extended supervision order ("ESO") for a period of five years. 2. By way of interim relief, the plaintiff seeks an interim detention order ("IDO") pursuant to s 18A of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the CH...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. WARD P: I agree with Payne JA. 2. PAYNE JA: The appellant, Mr Golden, brought proceedings in the Common Law Division of the Supreme Court against the respondents, the former Prime Minister of Australia, Mr John Howard, and a current Minister, Mr Tony Burke, making various allegations about the administration of the Commercial Horse Assistance Payment Scheme ("CHAPS"). CHAPS was...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. On 11 April 2025, I delivered judgment in this matter: Tackelly No 8 Pty Ltd v Reward Interiors Pty Ltd [2025] NSWSC 300 (Judgment). 2. In the Judgment at [138], I directed the parties to confer and provide various agreed orders to give effect to my reasons or, if they were unable to agree, to provide the plaintiff's proposed orders and a document setting out the matters on whi...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. By Notice of Motion filed 14 May 2025, the Defendant in the trial, NP ("the Applicant"), applies for a Certificate under s 2 of the Costs in Criminal Cases Act 1967 (NSW) ("the Act") to be issued to him as Applicant in respect of the proceedings brought against him on Indictment and which were the subject of the decision of this Court on 2 May 2025. The citation for my judgement...