Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. On 26 March 2025, I handed down my decision in the principal dispute in this matter (O'Farrell v McCarthy (No 3) [2025] NSWSC 249). I made a number of orders which can be found in para 150 of the decision. 2. For present purposes the relevant orders were Orders 5, 10 and 11: "5. An order pursuant to s 1317H of the Corporations Act 2001 (Cth) that the first defendant compensate...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. By summons filed 11 February 2025, the Attorney General for New South Wales seeks an order against the defendant Mr Yasin Cullu, who appears by his tutor, Dr Katherine Johnson, to extend his status as a forensic patient pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the MHCIFP Act). 2. On 16 April 2025 Jus...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. HER HONOUR: The defendant seeks an order that the plaintiff not be permitted to rely on five expert reports and a lay affidavit, either in whole or part, which were served 'in reply'. The defendant contends that this material is, in truth, further evidence in chief. 2. Alternatively, the defendant seeks the opportunity to reply to this material, together with an order that the ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. These proceedings commenced with the filing of a statement of claim on 30 July 2021. The plaintiff is claiming damages arising from treatment, including spinal surgery, she says was negligently performed by the defendant in 1999 and 2000. The defendant was an orthopaedic surgeon. He has since retired. 2. The plaintiff was an adult when the surgery was performed. She is now 77 y...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: By summons filed on 28 April 2025 Peter and Helen Petrou (the applicants) seek leave to appeal under s 101(2)(e) of the Supreme Court Act 1970 (NSW) against orders dated 19 February 2025 of Lindsay J (19 February 2025 orders) setting aside earlier orders his Honour had made on 18 November 2024 (18 November 2024 orders). The 18 November 2024 orders were made following ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. WARD P: This appeal arises out of the failed attempt by the first appellant, Mr Bernard Fussell, to purchase an industrial site at Camellia (the Property). Mr Fussell entered into a contract for sale of land dated 10 May 2012 with the owner, Mr James Lockrey, to acquire the Property for $1.7 million with a 5-year deferred settlement date (the sale contract). Mr Fussell did not s...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. This case involves default on a loan agreement secured by a guarantee and mortgage over real property in Strathfield and came before the Court on Tuesday this week in circumstances of some urgency. While the urgency had diminished to a degree by the time the matter was heard, it remained important to resolve the current issue quickly. 2. By an amended notice of motion filed 17 ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: This appeal and cross-appeal arise out of a challenge by Uber Australia Pty Ltd (Uber), a wholly owned entity within the Uber group of companies, to the assessment by the Chief Commissioner of State Revenue (Chief Commissioner) of payroll tax liability in respect of payments made to "Uber" drivers/partners. The difference between drivers and partners is explained by t...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. THE COURT: Grapple Pay Pty Ltd, the appellant (Grapple), appeals against orders made by Nixon J (the primary judge) in the Equity Division of the Supreme Court (the Court below) on 18 February 2025. The proceedings in the Court below ultimately turned on whether the transfer of rural property at Bentley, north-west of Lismore (the property), by Jarrod Conroy (whose trustee in ba...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 1: 1. MITCHELMORE JA: On 24 October 2023, the applicant was found guilty after a trial in the District Court before Judge English sitting with a jury at Lismore of the following offences: 1) one count of detain with intent to obtain an advantage, namely psychological satisfaction, contrary to s 86(1)(b) of the Crimes Act 1900 (NSW) (count 2); and 2) three counts of common assault co...