Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. COMMISSIONER: This judgment deals with the following two appeals: 1) Proceedings 2023/192915 (DA Proceedings) - an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the respondent's refusal of Development Application No DA/22/0601 (Development Application) seeking consent for the continued use of various buildings/structure...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. MITCHELMORE JA: I agree with Coleman J. 2. IERACE J: I agree with Coleman J. 3. COLEMAN J: Brodie O'Hanlon ("the applicant") pleaded guilty to two offences contrary to s 134.2(1) of the Criminal Code (Cth) for dishonestly obtaining a financial advantage by deception (totalling a value of $18,000) (sequences 1 and 4). The applicant also pleaded guilty to three offences under ...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. HIS HONOUR: Greenock is a historic industrial town by the Firth of Clyde, 25 miles west of Glasgow. It grew from a fishing community to become the site of the first dock on the Clyde in 1711. [1] It is the birth place of the late John Currie Docherty Hamilton (deceased) born in September 1946. 2. Reputedly, the town is home to the world's first "Burns Club", a club devoted to...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. On 17 July 2025, on the plaintiffs' application, I granted leave to the plaintiffs to rely on the expert report of Marty Denham in the forthcoming hearing of a case in which the plaintiffs seek damages arising from the damage or destruction of their house by a fire alleged to have been caused by a fault in an appliance provided by the defendant: Anthea Hammon v ASKO Appliances...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. By four amended summonses filed by WaterNSW on 27 September 2018, Kiangatha Holdings Pty Ltd ("Kiangatha") and Laurence Natale were each charged with two offences against s 120(1) of the Protection of the Environment Operations Act 1997 ("POEOA"). 2. The offences related to the pollution of waters during the construction of a dirt road between 8 and 10 kms on land owned by Ki...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. The plaintiff (Xela) is a building company. It entered into a building contract with the defendant (Leralais) on 17 June 2022. The contract provided for the construction of 7 townhouses on land owned by Leralais in Bowral, in the Southern Highlands of NSW. Xela and Leralais have had a falling out over the contract. Xela has 3 judgments against Leralais from the District Court,...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. On 26 June 2025 the NSW Civil and Administrative Tribunal (NCAT) received an administrative review application from Mr J Chi (the Applicant), naming the Office of the NSW Legal Services Commissioner as the respondent party, in respect of a decision of the NSW Legal Services Commissioner (the Commissioner) made on 12 March 2025 to close a complaint under s 277(1)(a) of the Lega...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. By application lodged on 13 June 2025 with the NSW Civil and Administrative Tribunal (NCAT), Mr J Chi (the Applicant) seeks administrative (or merits) review of a decision made by the NSW Legal Services Commissioner (the Commissioner) on 28 May 2025 to refuse the Applicant's request that the Commissioner conduct an internal review, under s 313(1) of the Legal Profession Unifor...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. This is an application for review of a decision of the Commissioner of Police, NSW Police Force, the respondent in these proceedings ("Respondent") to revoke a firearms licence held by the applicant, Anthony Jon Helsby ("Applicant"). The Applicant contests that revocation. Background 2. The Applicant had attempted self-harm in around 1980 when he was 17 years old. He was, at...
Australia, Sept. 10 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 11: 1. The applicant Mr Joseph Young applied to this tribunal on 26 November 2024 seeking administrative review of a decision by a delegate of the respondent to refuse the applicant's application for a category AB firearms licence. That decision was affirmed following an internal review on 6 November 2024 on the ground that the reviewing delegate could not be satisfied that the appli...