Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. Robert John Tucker (the defendant) has pleaded not guilty to an offence that as a person with a work health and safety duty imposed by s 28 Work Health and Safety Act 2011 (the Act), that he failed to comply with that duty and thereby exposed Matthew Richens to a risk of death or serious injury, contrary to s 32 of the Act. 2. On 24 May 2021 the defendant and Mr Richens were wor...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. These proceedings commenced on 20 March 2023. The proceedings sought possession of a property known as 56N Pakington Street, also known as Willow Lane, in Walcha. The order for possession and a liquidated sum was sought against the defendant by reason of her default under a credit arrangement with the bank. The property was mortgaged to the bank as security for the loan. Default ...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Central Coast Council, of Development Application DA/1301/2024 which seeks consent for the construction of specialised retail premises, associated civil works on Lot 102 DP 1209157, 11 Bryant Drive, Tuggerah. 2. These proceedings have been brought to the Court pursuant to s 8.7 of the Environment...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. By Originating Process filed on 27 November 2024, the Plaintiff, Ms Ann Khoury ("Executor"), who is the executor and trustee of the Will of the late Donald Khoury ("Deceased") and has received a grant of probate of the Will, seeks orders under s 1071F of the Corporations Act 2001 (Cth) ("Act") requiring the parties to transfer two ordinary shares held by the Deceased in the First...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. Before the Court are two notices of motion relating to a Class 1 Development Appeal (Class 1 Appeal). The Class 1 Appeal was brought by the Substantive Applicant (Wheeldon) against the Substantive Respondent, Woollahra Municipal Council (Council), following the Council's refusal on 19 September 2024 of Wheeldon's development application (DA) to demolish an existing house and gara...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. HIS HONOUR: Siosaia Maea was injured in the course of his employment with Bleasdale National Personnel Pty Ltd on 22 January 2019 when he fell through an unguarded manhole into a pit. Mr Maea sued the defendant Acciona Infrastructure Australia Pty Ltd, which he alleged was the design and construction contractor responsible for the Sydney Light Rail Project where he was working. M...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. The Applicant in this matter has a child with a disability. To prevent identification of the child, we refer to the Applicant in these reasons as GRD or 'the Applicant', and we refer to other members of GRD's family by their relationship to GRD, where necessary. 2. These proceedings involved complaints made by GRD that she was subjected to unlawful discrimination on the basis of...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. The applicant sought administrative review under s 27(2) of the Child Protection (Working with Children) Act 2012 (NSW) ('the Act') of the decision of the Children's Guardian made on 30 October 2023 to cancel his working with children check clearance on the grounds that he poses a risk to the safety of children ('the Cancellation Decision'). 2. The applicant had previously appli...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. This is an appeal by Rodney Young and Mary Young ("the Appellants") against a decision of the Tribunal made on 31 October 2024 concerning a dispute with Rita Di Cesare Trading/as CPC Quality Smash Repairs ("the Respondent") over the restoration of the Appellants' motor vehicle, a 1956 Morris Minor utility ("the Vehicle"), commencing in mid-2016. Background 2. Briefly stated the...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. The applicant, Mr Charlie Adams, seeks administrative review of a decision of the respondent, the Health Care Complaints Commission (HCCC), in relation to an application for access to certain information lodged by him on 13 December 2024. 2. The access application sought information regarding the investigation and handling of Mr Adams' complaint against a health practitioner. Th...