Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. Casumo Constructions Pty Ltd is a licensed builder of residential works. In these proceedings, the Owners Corporation of Strata Plan 88695 alleges that Casumo breached its duties under the Design and Building Practitioners Act 2020 (NSW) and the Home Building Act 1989 (NSW) by, inter alia, installing defective aluminium composite panels (ACPs) in three residential apartment buil...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HIS HONOUR: Rugby league in Australia is a community-based sport with a rich history dating back to 1908. [1] Operating from 2012, the controlling body for rugby league in Australia is the Australian Rugby League Commission. It "has responsibilities for fostering, developing and funding the game from the junior to the elite levels" and organises various competitions including re...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. The Offender Ellise Hosking is to be sentenced having pleaded guilty to a single count on an indictment which is in the following terms: That between 8 September 2016 and 31 January 2020 at Muswellbrook and other places she engaged directly or indirectly in transactions involving the proceeds of crime, being $1,091,545, in circumstances where there were reasonable grounds to sus...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. This is a rather unfortunate dispute between a mother and son. 2. There are two aspects to the controversy that I am asked to quell: 1) Whether the plaintiff (the son) should be granted leave to discontinue his claim or whether it should be dismissed. 2) Associated with the first issue, whether the plaintiff should be ordered to pay the defendant's costs of the proceedings an...
Australia, June 24 -- New South Wales Land and Environment Court issued text of the following judgement on May 23: 1. HER HONOUR: In these proceedings, the plaintiff builder sues the defendant owner for unpaid amounts under a building contract, together with lost profits said to flow from termination of that contract. The defendant owner cross-claims against the builder and the superintendent, alleging that the building works were not performed with reasonable care and skill. The matter has yet...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. The applicant, known as GXN, has applied for an extension of time to seek a review of the decision of the Children's Guardian (the respondent), dated 21 November 2023, to cancel his Working With Children Clearance Check (clearance) pursuant to Section 23(1) of the Child Protection (Working With Children) Act 2012 (the WWC Act). 2. The applicant filed his application for adminis...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of DA-1123/2021 for construction of a two storey mixed use building comprising a supermarket, retail/business premises, potential child care centre and three level car park at 1370 Camden Valley Way in Leppington...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. From early 2023, Mrs Sodaline Yin was the sole shareholder and director of Wraich Pty Ltd. 2. Mrs Yin's complaint was that in August 2023, she discovered that Mr Roy Maalouf had lodged a Form 484 with ASIC in July 2023 asserting he had replaced her as the sole director and shareholder of Wraich. Mrs Yin asserted that she never agreed to transfer her shareholding, to resign as d...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No DA/183/2024 (the DA) for the demolition of all existing structures across three allotments, tree removal and construction of a three-storey, 120 place child care centre with basement carparking and associated l...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal direct to the Court under s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) for the approval of Modification Application No DA-285/2023/B (the MOD) to modify development consent No DA-285/2023 (approved development) granted by the Court on 29 October 2024. 2. The approved development involves the demolition of existi...