Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. The applicant, Seek Justice Pty Ltd, has brought two separate proceedings in this Court in relation to two Ultra Trail Australia events, which are long distance trail races held in the Blue Mountains. The races in particular which are the subject of the proceedings occurred in 2021 and 2022. The races are held in Katoomba in the Blue Mountains, and they are run by USM Events Pty...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. The relevant background in this matter is set out in my reasons given on 23 April 2025 in Scott v Kennedy [2025] NSWSC 386, which I need not repeat in any detail. 2. In short, while once united, the first and second plaintiffs have gone their separate ways. By one means or another, the second plaintiff and the defendants have been seeking to bring the proceedings between them t...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 27: 1. Danrae Remedial Services Pty Ltd (the offender) appears for sentence after being convicted at trial of an offence under s 32 Work Health and Safety Act 2011 (the Act). 2. The Court's reasons for the finding of guilt are set out in the decision: SafeWork NSW v Remedial Services Pty Ltd [2025] NSWDC 70 (the verdict judgment). This judgment assumes familiarity with the verdict jud...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. Before the Court today is a Notice of Motion filed on 13 March 2025, through which the Applicant Mr Ceeney seeks "costs" and "compensation for ... damages" arising out of a tree dispute matter that was determined by the judgment of Acting Commissioner Galwey on 12 February 2025: Ceeney v Rutter [2025] NSWLEC 1175. 2. The motion was supported by an affidavit of the Applicant, Ro...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. The blight of war endures for generations. The issues in this case arise from the destruction of records in the devastating World War II battles in the Bataan peninsula of the Central Luzon Region of the Philippines. 2. Arlene Veronica De Leon ("the deceased") died intestate in Sydney on 13 January 2024, aged 73. She left no spouse or issue, and her parents are both deceased. S...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. On 19 February 2025 Lonergan J made interim supervision orders under the Crimes (High Risk Offenders) Act 2006 (NSW), after Mr Tabbah's release from custody, he having served the sentences imposed upon him for his various past serious violent offending: State of New South Wales v Tabbah (Preliminary) [2025] NSWSC 56. Her Honour also appointed experts to examine Mr Tabbah and rep...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. BALL JA: I agree with Yehia J. 2. FAGAN J: I have had the advantage of reading Yehia J's judgment in draft. I agree with her Honour's conclusion that ground 1 should be upheld and ground 2 rejected. I agree with her Honour's proposed orders. My additional observations, which follow, rest upon Yehia J's summaries of the evidence and the remarks on sentence and the arguments on a...
Australia, June 27 -- New South Wales Land and Environment Court issued text of the following judgement on May 26: 1. THE COURT: This judgment concerns a motion seeking re-opening of an earlier decision. The core purpose of judicial power is to quell disputes. In the nature of things, many litigants are unhappy with the result of proceedings. In some cases such litigants will exercise a right to appeal or seek leave to appeal. However, some litigants, commonly unrepresented, find it difficult t...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. Dr Altarawneh, the applicant in these proceedings, is an academic employed by the respondent, Charles Sturt University (the University). 2. On 9 February 2024, Dr Altarawneh lodged a complaint with the President of the Anti-Discrimination Board of NSW (the Board) against the University, alleging discrimination and victimisation in breach of the Anti-Discrimination Act 1977 (NSW...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. The plaintiff sues on what he alleges to be guarantees given by the defendant in respect of her husband's debts. The guarantees sued upon are both an oral guarantee (the "Oral Guarantee"), and a document purporting to have been a guarantee in written form (the "Written Guarantee"). The Written Guarantee was said to be executed by the defendant in India. The Oral Guarantee purpor...