NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR BASSAM HAMZY V/S COMMISSIONER OF CORRECTIVE SERVICES CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. HIS HONOUR: By notice of motion filed on 9 May 2025, the Commissioner of Corrective Services seeks the following relief: "1. Pursuant to s 192A of the Evidence Act 1995 (NSW), the Court give advance rulings as to the admissibility and / or use of the evidence in chief served by the Plaintiff. 2. Pursuant to r 28.2 of the Uniform Civil Procedure Rules 2005, order that the follo...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR GIOVANNI BUSA V/S SOUTH EASTERN SYDNEY LOCAL HEALTH DISTRICT CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. In these proceedings I entered judgment for the defendant and I ordered the plaintiff to pay the defendant's costs: Busa v South Eastern Sydney Local Health District Trading as Sydney Eye Hospital [2025] NSWSC 130. 2. The defendant now seeks an order to vary the costs order made as follows: That the plaintiff pay the defendant's costs on an ordinary basis until 21 June 2022, o...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR RORY STEINLE-DAVIES V/S INNER WEST COUNCIL CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 12 March 2024, Rory Steinle-Davies (the applicant) lodged an application (the GIPA request) with Inner West Council (the respondent), seeking the release of information under the Government Information (Public Information) Act 2009 (NSW) (the GIPA Act). 2. On 17 May 2024, the respondent issued a Notice of Decision pursuant to s 60 of the GIPA Act, by which it decided to prov...


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

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. The Children's Guardian refused the applicant a Working With Children Check Clearance (WWCCC) because it is satisfied that the applicant poses a risk to the safety of children. The primary reason for this was because of allegations of sexual assault against his 11-year-old stepdaughter (the complainant) alleged to have occurred in 1986 to 1987. The applicant seeks an administrat...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR GZX V/S COMMISSIONER OF POLICE, NSW POLICE FORCE CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This is an application for review of a decision of the Commissioner of Police, NSW Police Force, the respondent in these proceedings (the Respondent), to refuse to issue a firearms licence to GZX (the Applicant). The Applicant contests that refusal. Background 2. The Applicant held various firearms licences under the Firearms Act 1996 (NSW) (Firearms Act) from 2001. 3. The Ap...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR TIMOTHY VISSCHER V/S SECRETARY OF THE DEPARTMENT OF FINANCE, ET AL. CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. The plaintiff was building a house pursuant to an owner-builder permit. For that purpose he had erected a scaffold at the front of the house. Someone disapproved of the scaffold. A SafeWork NSW Inspector (the Inspector) appeared on site. The Inspector gave the plaintiff an oral direction to stop any work on the scaffold and upper balcony until the plaintiff could demonstrate tha...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR THE OWNERS - STRATA PLAN NO 12299 V/S STEPHEN ALEXANDER MACKAY CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This appeal is a continuation of an ongoing dispute between The Owners - Strata Plan No SP12299 (the Owners Corporation (OC)) and the owner of Lot 6 in SP12299, Stephen Mackay (Mr Mackay). 2. That dispute centres around a pool and a patio/sunroom area built on Mr Mackay's lot property prior to its purchase. 3. For the reasons which follow, we have decided that the matter shoul...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR JOY ROSALIND WYLIE, ET AL. V/S JEFFREY RONALD WILLIAMS, ET AL. CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. These two related proceedings arise from the breakdown of a business relationship between Mrs Joy Wylie and Mr Jeffrey Williams. Mr Williams is the former son-in-law of Mrs Wylie. 2. Mrs Wylie and Mr Williams are the directors of JR Enterprises Pty Ltd, which is the trustee for the JR Enterprises Unit Trust (the Trust). 3. JR Enterprises, in its capacity as trustee of the Trus...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR THE OWNERS - STRATA PLAN NO. 91684 V/S PARKVIEW CONSTRUCTIONS, ET AL. CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. These proceedings are listed for hearing before Nixon J for three weeks commencing 2 June 2025. 2. The plaintiff (the "Owners Corporation") is the owners corporation of a strata development at Olympic Park. The Owners Corporation brings these proceedings against the developer, Sydney Olympic Park Authority, and the builder, Parkview Constructions Pty Ltd ("Parkview"). 3. One c...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SECRETARY, DEPARTMENT OF CLIMATE CHANGE V/S AEROTROPOLIS CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. By 20 summonses filed 14 June 2022 by the Secretary, Department of Planning and Environment, now known as the Department of Climate Change, Energy, the Environment and Water ('prosecutor'), Aerotropolis Pty Ltd ('defendant') stands charged with 20 offences against the National Parks and Wildlife Act 1974 (NSW) ('NPW Act') and the Biodiversity Conservation Act 2016 (NSW) ('BC Act...