Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 THE COURT: By judgment delivered on 21 May 2025 and entered on that date, this Court dismissed the appeal brought by Dr Tommie Tue Gia Nguyen: Nguyen v Northern Sydney Local Health District [2025] NSWCA 107. At trial, most of Dr Nguyen's claims were dismissed, but he did obtain a nominal judgment based on a finding of breach of cl 3.7, which was a promise to use best endeavours to offer fur...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 COMMISSIONER: 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 (Order) issued by the respondent under s 9.34 and Part 1 of Schedule 5 of the EPA Act to the applicant dated 9 July 2024, requiring the applicant to relevantly restore part of the land identified as Lot 79 in Deposited Pl...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 This is a costs decision on an appeal which was dismissed by the Appeal Panel on 4 March 2025. 2. An appeal brought by homeowner, Mr Elmaadawy, against the builder, Decent Designs, was heard on 10 February 2025, and concerned claims under the Home Building Act 1989 (NSW). 3. On 7 December 2023, Mr Elmaadawy lodged an application in the Tribunal claiming $30,000 for incomplete work and def...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by the Council of the City of Sydney, of Development Application D/2024/568 which seeks consent for the demolition of the existing building and construction of a 5-storey co-living development on the site at 23 Hughes Street, Potts Point, Lot 8 DP 10682. 2. These proceedings have been brought to the Court purs...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 This is an internal appeal from a decision of the Tribunal constituted by Senior Member K Ross made on 20 November 2024 in the Consumer and Commercial Division (the 20 November 2024 decision) in proceedings under the Home Building Act 1989 (NSW) (HB Act) and the Fair Trading Act 1987 (NSW) (FT Act) concerning a dispute between the first and second respondents, Debra Tonks (Mrs Tonks) and Cr...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1. LEEMING JA: I agree with Mitchelmore JA. 2. MITCHELMORE JA: On 26 June 2023, the applicant, Guy Spillane, was convicted in the Local Court on the charge of carrying out a sexual act towards another person without consent contrary to s 61KE of the Crimes Act 1900 (NSW) and was sentenced to an 18-month community corrections order. He brought an appeal from that conviction and sentence in th...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1. The Respondent Hornsby Shire Council (Council) issued a Stop Work Order under the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) on 4 December 2020 to the Applicant Mr Hayward in relation to residential premises in Arcadia (the order). Mr Hayward commenced judicial review proceedings challenging the order on 14 June 2024. The judicial review proceedings were dismissed on 16...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1. This proceeding relates to a dispute arising from a transaction pursuant to which the first plaintiff, Tin-Tagel Majikk Pty Limited ACN 130 947 009 ("Tin-Tagel"), purchased from the first to fifth defendants, ("the vendors" or "the Hockey Family" or "the defendants"), the shares in the second plaintiff, Danc Pty Limited ACN 079 357 869 ("Danc"). Danc operated the real estate business known...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement on June 10: 1. This is an application for the Industrial Relations Commission of New South Wales (Commission) to make the Crown Employees (NSW Police Force (Nurses')) Award 2024 (2024 Award). 2. Pursuant to s 10 of the Industrial Relations Act 1996 (IR Act), the Commission may make awards setting fair and reasonable conditions of employment for employees. 3. There are a small number of condi...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. THE COURT: This is an application for leave to appeal by Mr Khanna from a decision of Faulkner J in Khanna v Insurance Australia Limited [2025] NSWSC 33. For the reasons that follow, leave to appeal should be refused. Background 2. The following summary of the background is drawn from the reasons of the primary judge, in circumstances where no complaint was made about the descr...