Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. On 1 November 2021, by their agent, Edwards Pension Fund Pty Ltd and Paul D Edwards Pty Limited (the appellants) lodged development application DA22/08000 (the DA) for "water extraction, storage and distribution off site" at lot 1 DP 867173 and lot 152 DP 751284, known as 2500 Canyonleigh Road, Canyonleigh (the site), with Wingecarribee Shire Council (Council). 2. The DA propos...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by The Hills Shire Council, of the Applicant's request to modify development consent DA1598/2019/ZD for the subdivision of one lot into five community title rural residential lots and one community association lot (rural cluster) at 564 Cliftonville Road, Lower Portland. 2. The modification applica...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 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 development application no. DA-146/2022 for the demolition of all existing structures and the erection of a five-storey mixed use development comprising two levels of basement car parking, 20 residential units...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: This is an appeal pursuant to ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application No DA-479/2024 (the DA) for the demolition of existing structures and the construction of a two storey centre-based childcare facility for 64 children with basement car parking and 2 at-grade parking spa...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Goulburn Mulwaree Council of development application No. DA/0008/2324 (the DA). 2. The DA was lodged with the Respondent on 18 July 2023. 3. The DA as lodged sought development consent for four (4) unit multi dwelling (detached) housing c...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: Mr Power of 160 Central Road, Avalon, submitted an application, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act). 2. There is a row of bamboo situated along the boundary between 160 Central Road and the neighbouring property owned by Ms Fabris, the Respondent, of 162 Central Road. Some of the bamboo is currently taller th...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. The background of this matter is as follows. On 13 December 2024 after hearing a contested appeal in relation to some costs assessments I delivered reasons for judgment: A.C.N. 627 087 030 Pty Ltd atf The YBL Trust v Elisabeth Theodore; A.C.N. 627 087 030 Pty Ltd atf The YBL Trust v Andrew John Price [2024] NSWDC 592. I made orders indicating that I would deal with any questions...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. HIS HONOUR: Before the Court is an application for bail by Troy Xerri who is 33 years of age. He has been charged with break and enter dwelling and inflict grievous bodily harm, assault intending criminal activity of a criminal group, take and detain in company with intent to obtain advantage, occasioning actual bodily harm and cause grievous bodily harm to a person with intent....
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. By Interlocutory Process filed on 1 May 2025, the Plaintiff, the Australian Securities and Investments Commission ("ASIC") seeks orders in respect of disclosure in these proceedings. Those orders address, first, the categories as to which disclosure is sought and second, the process which is to be adopted in respect of disclosure, where the documents which would be the subject o...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. On 7 May 2025, a notification of industrial dispute pursuant to s 130 of the Industrial Relations Act 1996 (NSW) (the 'Act') was filed in the Registry of this Commission by the Health Secretary on behalf of New South Wales Ambulance (the 'Notification'). 2. The Notification sought the Commission's assistance in relation to industrial action in the form of bans by members of the...