Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. This is an application under s 55(1) of the Privacy and Personal Information Protection Act 1998 (NSW) (PPIP Act) made by the Applicant on 1 November 2024 for administrative review of the conduct of the Lithgow City Council which the Applicant alleges was in contravention of Information Protection Principles (IPPs) of the PPIP Act (External Review Application). 2. At the heart of...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No2023/0585 for the demolition of the existing dwelling, and the construction of a new two storey dwelling with basement carpark, inground swimming pool and associated landscaping and fencing (the prop...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. On 9 August 2024, after a contested hearing before Magistrate Nash in the Local Court, the Offender, Mr Karlsson, was convicted of two offences arising from events on 3 October 2023 at Potts Point. 1) Sequence 1, hinder police in the execution of duty contrary to s 61AA Crimes Act 1900 (NSW) and 2) Sequence 6, use offensive language in a public place contrary to s 4A Summary Off...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. HIS HONOUR: The accused, Clinton Wrigley, is on trial on a count of murder, namely, that on or about 23 January 2023, near Nyngan, he murdered Joel Carter (the deceased). There are three other counts on the indictment, involving the theft and/or disposal of property that was allegedly taken from the deceased's residence, at about the time of his death. 2. The Crown seeks leave pu...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. On 8 June 2023, the plaintiff as vendor entered into a contract for sale of land with the defendant as purchaser in relation to an off the plan purchase of a residential apartment in Point Piper (the Property). The purchase price was $16.5 million. 2. A ten percent deposit was payable in two instalments. The date of completion under the contract was 18 July 2023. 3. The first in...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. Mahyar Amjadi (the Practitioner) filed an ancillary application in the Tribunal on 7 May 2025 which seeks orders to vary, by consent, two conditions which were embodied in order 2 made by the Tribunal on 24 April 2025 (the 24 April 2025 Decision). In the hearing conducted on 7 May 2024, the Health Care Complaints Commission (the Commission) consented to the orders being made, as v...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. These proceedings concern an easement for drainage of water burdening part of the Respondents' property at 205 Tenth Avenue Astral (Lot 847 DP2475) (205 Tenth) and benefiting the Applicant's property known as 200 Eleventh Avenue, Austral (Lots 805 and 806 DP 2475)(200 Eleventh)( Proposed Easement). 2. The Applicant has development consent from the Court for a Torrens title subdiv...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. The single issue in this case is when RD Beechworth Pty Ltd must repay the $2.5 million it received from each of the plaintiff companies, Long Spring Pty Ltd, and Forevet Flourish Pty Ltd, to assist it to purchase and develop two properties in Pymble, New South Wales. 2. There was no dispute that the plaintiffs loaned money to RD Beechworth after oral conversations between Mr Wei...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 1. The substantive proceedings of this matter were commenced by a Class 4 Summons filed 19 February 2024 by which Burwood Council (the Applicant) sought a declaration that Wu Long Dai (the Respondent) had failed to comply with a Development Control Order (DCO) dated 29 March 2023, in breach of s 9.37 of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). A further or...
Australia, June 7 -- New South Wales Land and Environment Court issued text of the following judgement on May 6: 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 Wai Ping Sun. She is the applicant in this matter ("Applicant"). 2. The Applicant says that she is not liable for surcharge land tax. She says that she benefits from the exemption for land tax applying to a t...