NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR GRF V/S CHILDREN'S GUARDIAN CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 27 August 2024, the applicant, who had been given the pseudonym GRF, applied for a working with children check clearance pursuant to the Child Protection (Working with Children) Act 2012 (NSW) (WWC Act), nominating "clubs or other bodies providing services to children" as the relevant child-related employment sector. The applicant was notified that his application was refused...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR YKW V/S PUBLIC GUARDIAN, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 31 July 2024, the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) made a guardianship order in respect of YMC (the Son), appointing the NSW Public Guardian as his guardian for a period of two years with the functions of access, accommodation, health care, medical and dental consent, services and restrictive practices (chemical and environmental restr...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR CE SALES V/S MARK ELYAS CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 9 April 2025, I made the following orders: 1) Paragraphs [16]-[18] of the First Defendant's Defence are struck out. 2) Judgment against the First Defendant in the amount of $3,324,463.71. 3) The First Defendant is to pay interest pursuant to section 100 of the Civil Procedure Act 2005 (NSW). 4) The First Defendant is to pay the costs of the Plaintiff's Notice of Motion fi...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SECRETARY, DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT V/S JP & LR HARRIS, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 11 March 2021, the Secretary, Department of Planning, Industry and Environment (the prosecutor) charged JP & LR Harris Pty Ltd and Woolondoon Pty Ltd (the defendants) each with an offence under s 60N of the Local Land Services Act 2013 (NSW) alleging clearing of native vegetation without approval in relation to two properties owned by the defendants in the Walgett Local Gover...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SECRETARY, NEW SOUTH WALES DEPARTMENT OF COMMUNITIES AND JUSTICE V/S M LACEY, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. By further amended summons filed on 31 January 2025, the Secretary of the New South Wales Department of Communities and Justice (DCJ) seeks an order that Rose Eilis Lacey (not her real name), now 7 years of age, be adopted by the proposed adoptive parents, Nancy Farrell (not her real name) and Jack Farrell (not his real name). 2. The Secretary also seeks orders dispensing with ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR AV JENNINGS V/S PM NOMINEES C CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. By Originating Process filed on 15 April 2025, the Plaintiff, AV Jennings Limited ("AVJ") applies for orders under ss 411 and 1319 of the Corporations Act 2001 (Cth) ("Act") relating to a proposed scheme of arrangement and associated orders. 2. By way of background, AVJ is an Australian company limited by shares and is admitted to the official list of the securities exchange co...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR MARK ALLYN PRESLAND V/S CESSNOCK CITY COUNCIL CASE

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 against the determination of Cessnock City Council to grant development consent for the construction of a dwelling house at 860 Old Maitland Road, Bishops Bridge, subject to conditions. The applicants were dissatisfied with conditions 9 and 12A, which required the registration of a positive covenant for the protection of native vegetation and the ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SECRETARY, DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT V/S JP & LR HARRIS, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. In a judgment delivered this morning, I refused the defendants' application to read the affidavit of Dr David Robertson dated 13 May 2025 and tender Exhibit DR-1 thereto, being Dr Robertson's expert report dated 13 May 2025, on the voir dire: Secretary, Department of Planning, Industry and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning, Industry and Envi...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SHUHUI WANG V/S JOHN YUN, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This concerns an application made by the First and Third Defendant for the proceeding to be transferred to the Supreme Court of Victoria pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW). It is also, and principally, about costs. 2. The proceeding was commenced in this Court by Statement of Claim filed on 31 January 2025. In broad terms, the ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR BOHZANNA SIMONE SRBEK V/S SOPHIA WILKIE CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. The essence of the dispute before the Court is whether the first defendant (Ms Wilkie), who is the plaintiff's mother, holds her one half share in a property located at Robert Street, Angus, being Lot X in Deposited Plan X (Property) on trust for the plaintiff. 2. By her amended statement of claim filed 4 April 2024, the plaintiff seeks a declaration that Ms Wilkie holds the pl...