Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. Before the Court is a notice of motion filed by the defendants on 14 March 2025 claiming an order that the proceeds of sale of a property at 81 High Street, Cabramatta West, that were paid into Court pursuant to an order of McNaughton J made on 20 November 2024, be released to the defendants forthwith. McNaughton J's order was made in exercise of the Court's power to freeze asse...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: A large bangalay (Eucalyptus botryoides) grows in the rear courtyard of Patricia Cummings' Balmain property. Branches have fallen onto the roof of the neighbouring dwelling belonging to Margaret Rowe. Ms Rowe has asked Ms Cummings to remove other branches overhanging her property. In 2024, Ms Cummings engaged an arborist to remove some deadwood and other branches, ...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. By Summons filed on 28 June 2024, the Plaintiff, Mr Jaworski, sought relief described as: "Grant of leave for derivative action per Request in attached Affidavit: Jaworski v Chartered Accountants, Australia and New Zealand." 2. The Defendant, Chartered Accountants Australia and New Zealand ("CA ANZ") is a body politic and corporate with perpetual succession, which was founded ...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. HIS HONOUR: By his amended notice of motion filed on 27 September 2024, Dean Hedair seeks leave to file and serve a further amended statement of claim and to join a third defendant. That motion was originally listed for hearing on 10 December 2024, when I made orders that Mr Hedair provide yet another draft of the proposed further amended statement of claim. That document was se...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. By Originating Process filed on 19 February 2025, the Plaintiff, Assetinsure Pty Ltd ("Assetinsure") applies to wind up the Defendant, Brookhollow Investments Pty Ltd ("Brookhollow) on the basis of the presumption of insolvency arising from an unsatisfied creditor's statutory demand ("Demand"). That Demand was issued on 28 October 2024 and claimed the amount of $1,348,668.02 bei...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. THE COURT: On 8 May 2025, shortly after the conclusion of oral submissions, this Court made orders dismissing this appeal with costs and discharging the stay which had been ordered pending the appeal. We indicated that reasons for judgment would be delivered promptly thereafter. These are our reasons. Background 2. This appeal concerns a meeting of members of Keybridge Capital...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. BASTEN AJ: The six plaintiffs appeal from a judgment in the Local Court ordering each to pay the defendant, Coolah Tourist Park Pty Ltd, an amount for site fees for rights of occupancy of caravan sites in a tourist park. Although the magistrate (Brender LCM) found that there was no contractual relationship between the plaintiffs and the defendant, he concluded that the defendant...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. BALL JA: The applicant, Edstein Creative Pty Ltd, seeks leave pursuant to r 3.5(5) of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to appeal out of time against the conviction, following a plea of guilty, and fine of $375,000 imposed on it by Strathdee DCJ on 17 May 2024 for an offence against s 32 of the Work Health and Safety Act 2011 (NSW) (the WHS Act) arising from a...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. This is an application for review of a decision of the Chief Commissioner of State Revenue ("the Respondent") to assess surcharge land tax for land tax years 2020 to 2023 on Zhao Tong. He is the applicant in this matter ("Applicant"). 2. The dispute between the parties concerned whether or not the Applicant needed to satisfy strictly a requirement for his actual presence in Aus...
Australia, June 11 -- New South Wales Land and Environment Court issued text of the following judgement on May 12: 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal under s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of development application DA-2023/481 (DA) by Wollongong City Council (Council). The DA relates to land at 200, 220 and 330 Marshall Mount Road, Marshall Mount and 240 Marshall...