Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. The plaintiff brings a claim in negligence for damages in respect of psychiatric injury allegedly caused as a result of bullying and harassment in the course of his employment as a police officer. 2. As the defendant correctly points out, strictly speaking, the office held by the plaintiff does not make him the defendant's employee as such (see State of New South Wales v Briggs...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. This case raises the interesting issue of the extent to which a contract is under the "control of the court" after an order for specific performance is made in favour of one party, the other party fails to comply with that order and the first party then seeks vacation of the order and leave of the court to obtain damages for breach of contract. Specifically in question is whethe...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. JAM Super Property Holdings Pty Ltd (JAM) is the owner of premises in Maitland NSW (Premises). In 2020 JAM leased the Premises to a company in the group of companies of which SPL Living Pty Ltd (SPL) is a member. JAM's claim, disputed by SPL but accepted by the Tribunal at first instance, was that it leased the premises to SPL. 2. The reason why the identity of the lessee is op...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. The plaintiff is the owner of residential premises ('the property'). The first defendant is a builder ('Super Shepherd'). 2. The plaintiff and Super Shepherd entered into a contract on 27 May 2021 for Super Shepherd to perform building works ('the building works') at the property for a fixed contract price of $556,000, inclusive of GST ('the contract'). 3. The contract was var...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. PRICE AJA: I have read the judgments of N Adams J and Sweeney J in draft. I also am in respectful disagreement with Sweeney J's reasons at [72]-[76] and adopt what is said by N Adams J at [17]-[18]. 2. As to my disagreement with Sweeney J's broad statement of principle at [76], the factual circumstances in dealing with the proceeds of crime in Thorn v R [2009] NSWCCA 294; (2009...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 6: 1. This is the Court's third judgment in these proceedings. It should be read with the Court's principal judgment, Gemi 193 Pty Ltd v Zhu [2024] NSWSC 1113 and the Court's second judgment, Gemi 193 v Zhu (No.2) [2025] NSWSC 295, which related to costs incurred up to the time of the principal judgment. This judgment assumes familiarity with the first two judgments and deals with iss...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. I am dealing with the question of the admissibility of a statement made to the Royal Commission into Institutional Responses to Child Sex Abuse (the Royal Commission) by an unnamed victim of child sex abuse perpetrated by Brother Romuald (Br Romuald), who is a person referred to in these civil proceedings. The case against Br Romauld brought by Mr Kawicki, who is self-represente...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. On Friday, 1 August 2025 there were listed before the Court two applications under the Bail Act 2013 (NSW) concerning a grant of bail that was made in favour of Kalid Kaddour by Weinstein J on 25 February 2025. 2. One of the conditions imposed by his Honour was that Mr Kaddour should be under home detention, not to leave his approved residence except in the company of one of th...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. A hearing has been set down for 13 August 2025, to consider the plaintiff's notice of motion for summary judgment and the second defendant's notice of motion for security for costs. 2) On 26 July 2025, the second defendant filed a notice of motion to vacate the hearing date of 13 August 2025. The motion also seeks orders for discovery of documents. I will refer to the second de...
Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5: 1. This is a judgment on costs. It follows my judgment on 26 June 2025, dismissing the appeal against the decision of Magistrate Brender dated 11 July 2024. As Norri indicated she was seeking a costs order based on a Calderbank offer, I vacated the costs order that I made when I handed down my judgment. 2. For convenience, and without intending any disrespect, I will refer to the ...