Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal by the Goulburn Mulwaree Council of development application No. DA/0008/2324 (the DA). 2. The DA was lodged with the Respondent on 18 July 2023. 3. The DA as lodged sought development consent for four (4) unit multi dwelling (detached) housing c...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: Mr Power of 160 Central Road, Avalon, submitted an application, pursuant to s 7 of Pt 2 of the Trees (Disputes between Neighbours) Act 2006 (the Trees Act). 2. There is a row of bamboo situated along the boundary between 160 Central Road and the neighbouring property owned by Ms Fabris, the Respondent, of 162 Central Road. Some of the bamboo is currently taller th...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. The background of this matter is as follows. On 13 December 2024 after hearing a contested appeal in relation to some costs assessments I delivered reasons for judgment: A.C.N. 627 087 030 Pty Ltd atf The YBL Trust v Elisabeth Theodore; A.C.N. 627 087 030 Pty Ltd atf The YBL Trust v Andrew John Price [2024] NSWDC 592. I made orders indicating that I would deal with any questions...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. HIS HONOUR: Before the Court is an application for bail by Troy Xerri who is 33 years of age. He has been charged with break and enter dwelling and inflict grievous bodily harm, assault intending criminal activity of a criminal group, take and detain in company with intent to obtain advantage, occasioning actual bodily harm and cause grievous bodily harm to a person with intent....
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. By Interlocutory Process filed on 1 May 2025, the Plaintiff, the Australian Securities and Investments Commission ("ASIC") seeks orders in respect of disclosure in these proceedings. Those orders address, first, the categories as to which disclosure is sought and second, the process which is to be adopted in respect of disclosure, where the documents which would be the subject o...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. On 7 May 2025, a notification of industrial dispute pursuant to s 130 of the Industrial Relations Act 1996 (NSW) (the 'Act') was filed in the Registry of this Commission by the Health Secretary on behalf of New South Wales Ambulance (the 'Notification'). 2. The Notification sought the Commission's assistance in relation to industrial action in the form of bans by members of the...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. Before the Court is a notice of motion filed by the defendants on 14 March 2025 claiming an order that the proceeds of sale of a property at 81 High Street, Cabramatta West, that were paid into Court pursuant to an order of McNaughton J made on 20 November 2024, be released to the defendants forthwith. McNaughton J's order was made in exercise of the Court's power to freeze asse...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. COMMISSIONER: A large bangalay (Eucalyptus botryoides) grows in the rear courtyard of Patricia Cummings' Balmain property. Branches have fallen onto the roof of the neighbouring dwelling belonging to Margaret Rowe. Ms Rowe has asked Ms Cummings to remove other branches overhanging her property. In 2024, Ms Cummings engaged an arborist to remove some deadwood and other branches, ...
Australia, June 12 -- New South Wales Land and Environment Court issued text of the following judgement on May 13: 1. By Summons filed on 28 June 2024, the Plaintiff, Mr Jaworski, sought relief described as: "Grant of leave for derivative action per Request in attached Affidavit: Jaworski v Chartered Accountants, Australia and New Zealand." 2. The Defendant, Chartered Accountants Australia and New Zealand ("CA ANZ") is a body politic and corporate with perpetual succession, which was founded ...