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...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. In 2018, the plaintiff was charged with knowingly give false information to a public authority contrary to s 307B(1) of the Crimes Act 1900 (NSW), with a backup charge of failure by a responsible person to disclose driver's details contrary to s 177(1) of the Road Transport Act 2013 (NSW). The plaintiff pleaded not guilty to those charges. A trial, interrupted by the COVID-19 p...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. The Applicant Ms Beech (Applicant) applies to the Tribunal to review an internal review decision of 2 December 2024 made by the Commissioner of Police, NSW Police Force (Respondent). The Respondent affirmed an earlier decision of 23 July 2024 to refuse the renewal of the Applicant's Category ABC firearms licence. 2. The Applicant was first issued with a firearms licence in 201...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. PAYNE JA: I agree with Free JA. 2. STERN JA: I agree with Free JA. 3. FREE JA: This appeal concerns an application for family provision under the Succession Act 2006 (NSW) (Succession Act), arising from the death of Con Alexiou. 4. Con Alexiou died on 11 May 2019 at the age of 88. His wife of over 40 years, Sofia, died in 2001. Con was survived by his two children, Voula Ale...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. Ms Trott complained to the President of the Anti-Discrimination Board about conduct of Uniting NSW.ACT. She claimed that Uniting had discriminated against her on the ground of her disability and victimised her in breach of the Anti-Discrimination Act 1977 (NSW). 2. The President accepted the complaints for investigation. Following investigation, the President declined the comp...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. GARLING J: I agree with the orders proposed by Dhanji J and with the reasons which his Honour gives. 2. IERACE J: I also agree with the orders proposed by Dhanji J and with his Honour's reasons. 3. DHANJI J: The applicant, Dimitrios Tsoumbanellis, seeks leave to appeal pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW), against the sentence imposed upon him in the Di...
Australia, Aug. 26 -- New South Wales Land and Environment Court issued text of the following judgement on July 25: 1. COMMISSIONER: Development consent was granted to DA-1186/2022 (DA) by the Land and Environment Court of NSW (the Court) on 24 July 2024, after a conciliated agreement: Jubilee Estate Group Pty Ltd v Liverpool City Council [2024] NSWLEC 1420. The development consent approved the demolition of existing structures, removal of ten trees, and subdivision of land into 19 Torrens Titl...