Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. The appellant appeals from: 1) the interlocutory decision of the Tribunal of 23 October 2023, whereby the Consumer and Commercial Division of the Tribunal (Tribunal) refused the appellant's application for an adjournment (Adjournment Application) of a hearing to be held that day (Interlocutory Decision); and 2) the decision of the Tribunal of 17 May 2024, in which the Tribuna...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. Mr Scully, the applicant in this proceeding, brought a claim pursuant to the Anti-Discrimination Act (NSW) ("the Act") against Secretary of the Department of Transport (Transport Secretary and Sydney Metro) ("the respondent") claiming that it, through its employees discriminated against him in employment on the ground of race and victimised him during the period of 13 February ...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. COMMISSIONER: These proceedings concern an appeal pursuant to s 49(1) of the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (RAB Act) against the Building Works Rectification Order issued to the applicant by the respondent on 8 September 2023 under s 33 of the RAB Act (BWRO), requiring the applicants to carry out rectification works primarily relat...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. COMMISSIONER: This Class 1 appeal is brought under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) following the deemed refusal by Northern Beaches Council of Development Application DA2023/0121 (the DA) for the proposed subdivision of three existing lots into four, resulting in an additional residential lot and reconfiguration of a previously approved and...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1.This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Development Control Order (No EPA0111/23 dated 17 May 2024) issued by the respondent under s 9.34(1) and Pt 1 of Sch 5 of the EPA Act (DCO) to the applicant in relation to land identified as Lot 51 in Deposited Plan 551115 and known as 125A Eastern ...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Development Control Order 1262/2023/N-EPA issued by the respondent under s 9.34 and Part 1 of Schedule 5 of the EPA Act to the applicant on 27 July 2023 (and modified on 21 August 2023), requiring the applicant to stop use of land identified as Lot...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of Development Application DA2023/0492 for lot amalgamation and construction of a 2 storey 88 place centre-based child care facility with 22 car parking spaces within a basement, associated landscaping and site works a...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 17: 1. COMMISSIONER: The Applicant, Mr Nasip appeals pursuant under s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) the issue of a development control order (DCO) by Central Coast Council. That DCO was an order made pursuant to Div 9.3 of the EPA Act served on Salih Nasip, Lauren Maree Froude and Gulumser Nasip as owners of the land at 17 Cobbs Road Mardi, NSW (...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 16: 1. A substituted creditor, LDA Capital LLC ("LDA"), applies to wind up Care A2 Plus Pty Ltd ("Care A2") in insolvency. LDA is the third creditor that has sought to wind up Care A2 in these proceedings, after two other creditors ultimately did not proceed with their winding-up applications. Three preliminary issues arise before turning to the winding-up application. The first is w...
Australia, Jan. 11 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 16: 1. By Originating Process filed 9 August 2024, the Plaintiff, Ms Leonie Merker, seeks orders that the Second to Thirteenth Defendants (the Corporate Defendants) provide the Plaintiff and any professional adviser of the Plaintiff with access to, and permit copying of, the books and records specified in Schedules A and B to the Originating Process (the Books and Records). 2. At the...