Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. HIS HONOUR: Over a decade ago, the plaintiff Rekha Sanjiv became embroiled in litigation consequent upon the breakdown of her marriage to Dr Sanjiv Shah (Dr Shah) and adjustment of property interests between them. 2. Unhappily, as the events of her vexed litigious life recorded in this judgment will show, the plaintiff has spent more final hearing time against her final lawyers...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. By Interlocutory Application filed today, by leave, Messrs Calabretta, Lawrence and Tribut ("Voluntary Administrators") applied for an order that winding up proceedings brought by the Plaintiff, Workfast Infrastructure Australia Pty Ltd ("Workfast") be adjourned under s 440A(2) of the Corporations Act 2001 (Cth) ("Act") to a date after 3 June 2025. That application is directed t...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. By summons filed on 27 October 2015 the plaintiff claims a proceeds assessment order against the defendant, Kaldon Karout, in the following terms: 6 An order pursuant to section 27 of the Criminal Assets Recovery Act 1990 that Kaldon Karout pay to the Treasurer an amount assessed by the Court as the value of the proceeds derived from the illegal activities of Kaldon Karout or a...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. The plaintiff, who is self-represented, commenced these proceedings against the defendant with the filing of a statement of claim on 15 November 2024. On 17 March 2025, the defendant filed a notice of motion requesting that the proceedings be struck out. 2. In the statement of claim the "Type of Claim" is described in this way: "Compensation for economic loss, whole person imp...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. By notice of motion filed on 28 November 2024, the respondent in the appeal seeks security for costs. 2. The appeal is listed to be heard on 15 August 2025. The contest between the parties relates not to the question whether there should be an order for security but rather relates to the form that it should take. 3. For the following reasons, the appellants should pay security...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. Lisa Marie Maclean (the "Plaintiff") sues for personal injury damages, alleging breach of duty of care by the defendant, Richmond Valley Municipal Council (the "Defendant"), consequent of injuries suffered by her in a fall on a footpath on 8 March 2023. She was then 55 years of age, living alone in a 2 bedroom plus sleepout, one bathroom house with a yard at 31 Colche Street, Ca...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. The Applicant is a "registrable person" under the Child Protection (Offenders Registration) Act 2000 (NSW) (CPOR Act). The Applicant made an administrative review application to the Tribunal seeking a full exemption from, or reduction of, his reporting obligations for two separate periods of time that he was overseas totalling 2,024 days. 2. The Respondent made an application f...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. BELL CJ: I agree with McHugh JA. 2. McHUGH JA: The facts of this application for leave to appeal are singular. The application concerns a stay of execution granted by the primary judge, Waugh SC DCJ, of a money judgment in favour of the applicant (the Builder) arising by reason of the filing of an adjudication certificate pursuant to s 25 of the Building and Construction Indust...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: On 31 August 2022, Connect Global Limited (the applicant in these proceedings) filed a Class 1 application in the Land and Environment Court appealing a development control order (DCO) issued by Port Stephens Council (Council). The DCO has the Council reference No 40-2022-70-2 and related to certain premises occupied by the applicant at Fisherman's Village Swan Bay...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application DA24/0158, for alterations and additions to an existing building and change of use to a secondary dwelling at Lot 5 in DP 16383 known as 11 Central Avenue, Como (the Site) by Sutherland Shire Counci...