Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. This is an appeal from a decision of the Administrative and Equal Opportunity Division (AEOD) of the NSW Civil and Administrative Tribunal (NCAT), refusing to make orders under ss 49(2) and 64 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) in AEOD proceedings concerning a complaint brought by Ms Seraphim under the Anti-Discrimination Act 1977 (NSW) (ADA). In ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. These proceedings relate to the estate of the late John Henry Cree who died on 4 March 2023 at the age of 81. The plaintiff is Scott McLean, who is the son of the deceased's former de facto partner. He seeks an order for further provision pursuant to s 59 of the Succession Act 2006 (NSW). The defendant is the deceased's daughter, Jodie Cree, who is the executor of the deceased's...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. By notice of motion filed on 26 March 2025, the plaintiff relevantly seeks orders as follows: 1) pursuant to UCPR r 28.2, all questions of liability be determined separately and in advance of the quantification of damages; and 2) in the alternative, that if the Court determines that the plaintiff is entitled to an account of profits or equitable compensation (or any other dama...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. The plaintiff brings these proceedings under the Building and Construction Industry Security of Payment Act 1999 (NSW) ("the Act"). The proceedings were commenced on 29 October 2024. 2. On 28 March 2025, the defendant, then legally represented, filed a Technology and Construction List Response. The solicitor acting for the defendant ceased to act on 14 May 2025. 3. In the mean...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. The background to this matter is set out in my judgments of 15 October 2024 [1] and 5 May 2025. [2] I shall use the same abbreviations here. 2. On 20 November 2023, I entered judgment in favour of Gosford against the Bank for $37 million. [3] 3. On 15 December 2023, I stayed that judgment pending consideration by the Chinese Court of the Bank's application to that Court to dis...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. These proceedings arise following an appeal against North Sydney Council's (Council) refusal of development application DA279/22 for the construction of a two-storey residential addition above an existing building used for commercial purposes (development application) at 126-128 Willoughby Road, Crows Nest (Lot 21 in DP 315327) (site). The proposal 2. The development applicati...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. This decision concerns a consent application to make a new three-year award to apply to around 24 teachers who are employed by the Health Secretary in early childhood education and care centres attached to hospitals and other health facilities. 2. The Health Services Union NSW (HSU) and the Independent Education Union of Australia NSW/ACT Branch (IEU) are parties to the applica...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. This is an internal appeal from a decision of the Tribunal which affirmed a decision of the respondent in relation to an access request for information under the Government Information (Public Access) Act 2009. The applicant in the Tribunal proceedings, Peter Zonnevylle, has appealed from that decision. 2. A series of procedural orders have been made in this matter since the ap...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1.On 28 April 2025, I delivered my reasons for judgment in the proceeding. [1] At the conclusion of the Reasons, I made the following orders: "(1) Pursuant to s 61(2) of the Civil Procedure Act 2005 (NSW): (a) Mr George Dahrie (or some such other registered Design Practitioner as the defendants nominate) is to prepare, at the defendants' cost, a Regulated Design to address the ma...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. In December 2020, the plaintiff purchased a parcel of land subject to an existing development consent for 'demolition of existing buildings and construction of a new three to four storey building shop top housing development'. In accordance with the development consent, she commenced the construction of a four-storey residence on the land, with spaces on the ground floor separat...