Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. In June and July 2021 Mr Wetere sustained physical injuries to both of his wrists while working for Coles as a delivery truck driver. He then suffered a further psychological injury at a time when he was performing light duties he had been given, which involved him standing at the front of a store supervising COVID check-ins. He felt overwhelmed by the hostility of customers and a ...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. The five plaintiff companies are, or have been, miners and sellers of coal. They each hold one or more mining leases under the Mining Act 1992 (NSW). Under the Mining Act, holders of such leases have to render monthly returns and pay royalty to the Crown on publicly owned minerals recovered by the holder under the lease. 2. This application is brought under s 97 [1] of the Taxatio...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. LEEMING JA: I agree with Stern JA. 2. KIRK JA: I agree with Stern JA. 3. STERN JA: Ms Yangzom was hit by a utility vehicle on 13 June 2018 whilst on a pedestrian crossing. Shortly after the accident she submitted a claim for personal injury benefits under the Motor Accident Injuries Act 2017 (NSW) (the Act) on account of injuries she described to her lower lumbar/sacral spine, ri...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. Mr Maythem Kamel Abdal, the plaintiff, seeks judicial review in this Court of two decisions arising out of a medical assessment in the Personal Injury Commission of New South Wales (PIC) in relation to a medical dispute about a claim based on injuries suffered by the plaintiff in a two-car collision, for which the plaintiff was not at fault. 2. The plaintiff's original summons for...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. On Wednesday 20 July 2022, sometime between 7:19pm and 9:38pm, Ms Shereen Kumar was killed by Vincent Carlino in their home in Dural. Ms Kumar and Mr Carlino had been in an "on and off" relationship for approximately 17 months, and at the time of Ms Kumar's death they were sharing a home. Ms Kumar was 43 years old, and Mr Carlino was 37 years old. 2. Mr Carlino pleaded guilty to o...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. This is an application by the plaintiff for orders permitting the use of certain documents, obtained by the plaintiff during her now discontinued proceedings against the defendant, for the sole purpose of prosecuting a separate claim against her former solicitors. 2. In her original claim against the defendant ("the Oil Search proceedings"), the plaintiff alleged, inter alia, that...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. By Summons filed on 2 December 2024 the plaintiff, who is self-represented, seeks an order that proceedings between him and the defendant, presently before the Local Court at Tweed Heads, be transferred to the District Court pursuant to s 140(2) of the Civil Procedure Act 2005 (NSW) (CPA). 2. That application is opposed by the defendant. 3. The application was heard on 19 March 2...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. The prosecutor seeks an order that "if any expert witness is proposed to be called at the hearing by the prosecutor, a copy of each report by the witness that is relevant to the case" be served by 25 April 2025. 2. The defendant opposes that order on the grounds that: 1) The defendant will be prejudiced. 2) The defendant does not know the case it has to meet. 3) The prosecutor ...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. By motion supported by an affidavit of its solicitor Ms Hawley, the Council sought orders transferring these proceedings to the Land and Environment Court for hearing, there being related other proceedings on foot between them in that Court. This Court has power to make such an order under s 149B of the Civil Procedure Act 2005 (NSW). The parties have now agreed to the transfer and...
Australia, June 16 -- New South Wales Land and Environment Court issued text of the following judgement May 16: 1. HIS HONOUR: The hearing of this matter commenced before me on Monday 12 May 2025. Mr Kuhsun appeared for himself without legal representation or any other form of assistance. That fact, among many others, assumed great significance in the events that have now occurred. This is explained in more detail in what follows. 2. However, it is important at this point to observe that on Tu...