Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: These proceedings are brought under Class 1 of the Court's jurisdiction, and are an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by Central Coast Council (Council) of Development Application DA/1409/2023 (DA), seeking development consent for the Subdivision of Lot 17 in Deposited Plan 262327 at 2A Stornaway ...
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 the reasons of Mitchelmore JA and the order her Honour proposes. 2. MITCHELMORE JA: This appeal concerns an order for family provision that the primary judge, Richmond J, made pursuant to the Succession Act 2006 (NSW) in favour of the respondent, Natalie Angius, from the estate of her grandfather, Giovanni (John) Angius. The appellant, Jenny Angius, is Joh...
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 No. 18/2024 for the demolition of a two-storey dwelling house with a detached garage and the construction of a new two-storey dwelling house with a basement garage, in-ground swimming pool, rooftop ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.25(1)(a) of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicant against Ku-ring-gai Council's (Council) refusal to issue Building Information Certificate No. eEBCU0088/24 on 20 September 2024 (BIC). 2. The BIC relates to Lot 1 in Deposited Plan 24472 known as 5 Kilpa Street, St Ives NSW 2075 (Premises), a...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of DA-2555/2022/DA-DO (DA). The DA seeks consent for tree removal and construction of a single storey dual occupancy (attached) with associated outbuildings, in ground swimming pool and landscaping at 7 Minerva Road, Wedderburn NSW, legally known ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: These proceedings, brought by the applicant under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application DA-2022/218 (DA) by Bayside Council (Council). The DA seeks consent for a childcare facility and associated development at Lot A and Lot ...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.18(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Development Control Order ref EPA0087/24 (DCO) dated 23 September 2024 issued by Ku-ring-gai Council (Council) requiring the Applicant to demolish an unauthorised hardstand concrete area (relevant structure) situated on land identified as Lot 1 in Deposit...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of DA-2024/205 (DA). The DA seeks consent for the demolition of the existing dwelling and construction of two dwelling houses, Torrens title subdivision and associated works at 45 Darling Street, Roseville legally described as Lot 2 in DP 596131 (...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Northern Beaches Councils (the Council) deemed refusal of development application DA2023/1504 which seeks consent for an additional building (including associated changes to driveways and landscaping) in the existing seniors living devel...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. By Originating Process filed on 1 November 2024 the Plaintiff, Mr E Kim, seeks relief under ss 232 - 233 and aspects of s 461 of the Corporations Act 2001 (Cth) ("Act") against the Defendants, Mr D Kim and Ginzaparramatta Pty Ltd ("Company"). 2. I pause to note that that Originating Process has an essential assumption, at least in respect of the oppression claim, namely that Mr...