Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. By amended summons filed on 10 April 2025, the plaintiff, Insurance Australia Limited trading as NRMA Insurance (the insurer), seeks judicial review under s 69 of the Supreme Court Act 1970 (NSW) and this Court's inherent jurisdiction of the decision of the second defendant (the review panel) made on 19 December 2024. The aspect of the decision which is alleged to warrant its s...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. Rhodium Trading Australia Pty Ltd, to which receivers and managers have been appointed and which is in liquidation, claims that the defendant, Leading Edge Commercial FZE, is liable to pay for goods to the value of USD7,964,840, together with contractual interest and costs. 2. Leading Edge is an entity based in the United Arab Emirates. Under three sales contracts, Rhodium Tra...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. In October 2024 I gave judgment for APC: APC v Mr B (No 2) [2024] NSWSC 1608. Costs were later dealt with in APC v Mr B (No 3) [2025] NSWSC 142, with Mr B being ordered to pay APC's costs, as agreed or assessed to 19 July 2024 and thereafter, on an indemnity basis. 2. APC later sought a gross costs order in the sum of $624,214.83. Her May 2025 motion was supported by an affida...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. Tony Tadrosse and Danny Stephen both stand charged with two counts: Count 1: The murder of Kalim Saliba (contrary to s 18(1)(a) of the Crimes Act 1900 (NSW)): and Count 2: The assault with intent to rob of Shahidy Saliba with wounding whilst being armed (contrary to s 98 of the Crimes Act 1900 (NSW)). 2. Their trial is listed to commence before me and a jury on Monday 28 Jul...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. Tony Tadrosse and Danny Stephen both stand charged with the murder of Kalim Saliba (contrary to s 18(1)(a) of the Crimes Act 1900 (NSW)) and the assault with intent to rob Shahidy Saliba with wounding whilst being armed (contrary to s 98 of the Crimes Act). 2. On 29 April 2020, at about 12:15am, 86-year-old Kalim Saliba and his 83-year-old wife Shahidy Saliba were watching tel...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. This application concerns the availability of an alternative costs order if favour of the respondent, Blacktown City Council ("Council"), in Class 3 compulsory acquisition proceedings. 2. On 14 September 2022 the Council offered UPG 72 Pty Ltd ("UPG") compensation in the sum of $2,494,984.44 for the acquisition of UPG's land ("the acquisition"), Lot 31 in DP 1246761 ("the acqu...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. On 13 April 2023, the offender, Joshua David Wright, shot and killed John Simpson at Laguna in New South Wales. 2. Pursuant to an indictment filed on 31 March 2025, the offender was charged with the murder of Mr Simpson contrary to s 18(1)(a) of the Crimes Act 1900 (NSW). 3. The offender was further charged that between 12 April 2023 and 18 July 2023, at Laguna in the State o...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. On 18 July 2025, the plaintiff, DECC Credit Pty Ltd (DECC), sought an interlocutory injunction on an ex parte basis which enjoined the first defendant, Australia Wide Lining Pty Ltd (AWL), from requesting and filing an adjudication certificate pursuant to ss 24(1)(a) and 25(1) of the Building and Construction Industry Security of Payment Act 1999 (NSW) (SOP Act). DECC also soug...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. The interesting question at the heart of these proceedings concerns the nature of the transaction that occurred when the plaintiff, who was the executor of her mother's deceased estate, entered into a contract with herself to acquire a property that was owned by her in her capacity as executor. The parties agree that, one way or another, a 'transaction' within the meaning of s ...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. BELL CJ: I have had the benefit of reading the reasons of McHugh JA. I agree with those reasons and the orders his Honour proposes. 2. ADAMSON JA: I agree with McHugh JA. 3. McHUGH JA: This appeal raises two issues: the scope of the rule in Browne v Dunn and the evidence necessary to establish what is fair and reasonable remuneration for the purposes of a claim in quantum mer...