Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 24 September 2024, at the application of SafeWork NSW (the prosecutor), a summons was issued by this Court alleging that Tattam Express Pty Ltd (the defendant), a person who had a work, health and safety duty pursuant to s 19(1) of the Work Health and Safety Act 2011 (NSW) (WHS Act) failed to comply with that duty and thereby exposed workers, in particular Mr Wayne Skinner, t...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. COMMISSIONER: Morteza Mokhtari (the applicant) and Mahsa Amirabdollahian (his wife) purchased their Pennant Hills property in 2022. On the neighbouring property belonging to Nitin Mediratta (the respondent), a mature pecan tree grows alongside the timber paling fence on the boundary that divides the two properties. The tree has damaged the fence. Mr Mokhtari says it has also dis...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. THE COURT: On 9 December 2021, following a 13-day trial, ZT, who was a child at the time of the murder, was convicted in the Supreme Court sitting at Wagga Wagga. He appealed against his conviction to this Court: ZT v R [2023] NSWCCA 241. In those proceedings, Kirk JA and Sweeney J upheld the sole ground of appeal, that ZT's conviction of murder was unreasonable or could not be ...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. Before the Court for determination is an Amended Notice of Motion filed on 21 May 2025 by the plaintiff, seeking leave under s 151D of the Workers Compensation Act 1987 (NSW) ("the Act") to commence proceedings more than three years after the date on which an alleged injury was received. 2. Under s 151D(2) of the Act, the Court may grant leave to a plaintiff to commence procee...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. THE COURT: The plaintiff, Mr Gareth Ward MP, is the Member for Kiama in the Legislative Assembly in the New South Wales Parliament. On 25 July 2025 he was convicted in the District Court of one count of sexual intercourse without consent and three counts of assault with act of indecency, following a trial by jury. Shortly thereafter he was remanded in custody pending sentence. T...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. On 23 June 2025, the Deputy Secretary, Local Government (the Secretary) referred to the Tribunal, pursuant to section 438HA(9) of the Local Government Act 1993 (NSW) (the Act), a Departmental Report (the Report) concerning: 1) the alleged failure of Mr Andrew Thaler (the Councillor) to take action, as required by a performance improvement order issued on 6 February 2025 and mad...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. Before the Court in these Class 2 tree dispute proceedings commenced pursuant to Pt 2 of the Trees (Disputes Between Neighbours) Act 2006 (NSW) ('Trees Act') on 10 December 2024 by Xiu Yan Xu and her son, Xiabing Xu, whom I shall refer to as Ms Xu and Mr Xu, are three notices of motion: two notices of motion filed 23 December 2024 (amended on 17 January 2025 and further amended ...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. By summons filed on 3 June 2025 the plaintiff claims an order for extension of the defendant's status as a forensic patient under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) (the Forensic Provisions Act). The defendant is represented by a tutor and opposes the summons. The proceedings came before me on 28 July 2025 for a preliminary hearing purs...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. By order of 13 May 2025 (13 May 2025 Order), Black J dismissed an amended summons filed on 24 February 2025 by Mr Jaworski (Amended Summons): Gerald Jaworski v Chartered Accountants Australia and New Zealand (No 4) [2025] NSWSC 457 ("Jaworski (No 4)"). In the Amended Summons, Mr Jaworski sought the following relief: "Order that on the Court being satisfied that Mr Jaworski has ...
Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7: 1. By Amended Statement of Claim filed on 19 July 2024, Collappor8 Pty Ltd ('C8') sought damages, interest and costs against the City of Liverpool Chamber of Commerce & Industry Incorporated ('the Chamber'). 2. C8 carries on the business of providing "management services". The Chamber is a not-for-profit local Chamber of Commerce. 3. On 27 May 2022, C8 and the Chamber entered int...