Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. The applicants, Meng Guo and Pu Chen ("Applicants"), challenge an assessment of surcharge land tax made by the Chief Commissioner of State Revenue, the respondent in this matter ("Respondent"). 2. The Respondent assessed the surcharge land tax on one of the Applicants, Pu Chen on the basis that she was a "foreign person" for the purposes of the Land Tax Act 1956 ("LTA"). He ass...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. KIRK JA: I agree with Griffiths AJA. 2. FREE JA: I agree with Griffiths AJA. 3. GRIFFITHS AJA: The applicants (Mr and Mrs Sader) seek leave to appeal from orders made by the primary judge (Pritchard J). Her Honour declined to make an order for costs in relation to Class 4 proceedings in the Land and Environment Court (LEC), after the applicants' judicial review proceeding had ...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. STERN JA: I gratefully adopt the summary of background matters set out by Griffiths AJA. I agree with his Honour's judgment and with the orders proposed. My additional observations as to the key issues that arise should not be read as detracting from anything said by Griffiths AJA. 2. For my part, the appeal resolved into essentially three issues. First, the proper construction...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the Applicant against the deemed refusal of development application DA 2024/712. The development application seeks consent for alterations and additions to an existing dual occupancy to introduce rooftop terraces and first floor balconies at 1 Surfers Parade, Thir...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. This is an appeal (2024/00423490) and cross-appeal (2024/00423504) from orders made in the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal (NCAT) which were delivered on 14 October 2024 in relation to a Home Building application (2023/00433919) and cross-application (2023/411005). 2. The appellant in 2024/00423490 (the Owner's appeal) is Jaco...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. COMMISSIONER: This is a modification application appeal filed directly to the Court pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) to DA-70/2023/1 at 588 New South Head Road, Point Piper (Lot 1 DP952343). The modification application seeks internal and external modifications including changes to accommodate services, modifications to the sw...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HIS HONOUR: By notices of motion dated 23 April 2025, the applicant seeks access to the unedited transcript of his trial in the District Court and the sentencing proceedings, as well as an extension of time until 28 February 2025 for the filing of a Notice of Appeal. 2. The applicant's request for an extension of time to file the notice of appeal was refused by the Registrar at...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), brought by CE Bondi Beach Pty Ltd (the Applicant), against the deemed refusal of Development Application DA-69/2024 (the DA) by Waverley Council (the Respondent). 2. At the date of its lodgement on 6 March 2024, the DA sought consent for the demolition of existing ...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. This is an application for the review of a decision made by the respondent, the NSW Trustee and Guardian, to sell the interests of a "protected person" in property jointly owned with the applicant, GVV. The decision was made by the respondent on 14 November 2024. There was an internal review of this decision pursuant to ss 53(3) and (6) of the Administrative Decisions Review Act...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HER HONOUR: This is a claim for contractual damages. The plaintiffs (the developer) seek $20 million from the Department of Defence for breach of a lease, under which Defence was obliged to remediate land and 'make good' the leased premises at the end of the lease. 2. The developer has since redeveloped the land, together with adjoining land, into an intermodal terminal facilit...