Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. HER HONOUR: Two years ago, the plaintiff paid $100,000 for a 'charcoal chicken' business in Mt Druitt, plus an amount for stock, and began operating the business. The landlord was asked to assign the lease to the plaintiff. The business' suppliers were notified of a change of ownership. The vendor and purchaser proceeded to sign a Heads of Agreement. But the vendor changed his ...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. COMMISSIONER: This is an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application DA-23-00018. The development application seeks consent for proposed alterations and additions to a heritage listed building for the operation of a 60-place childcare centre and associated site works. The development ...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. By an amended summons filed in court this morning, but provided to my Associate informally two days ago, the State of New South Wales seeks orders pursuant to the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act"). The proceedings were commenced by summons filed on 19 September 2024 and McNaughton J made a pseudonym order relating to the defendant's name on 26 September 20...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. BASTEN AJA: On 15 September 2023, Haesler SC DCJ sentenced the applicant, Quinton Chester Nydegger, to imprisonment for 6 years, 9 months with a non-parole period of 4 years, 4 months on a single charge that he "did cast upon a person ... an explosive substance, namely petrol, with intent to burn, maim, disfigure or disable" the person, under s 47 of the Crimes Act 1900 (NSW). ...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. COMMISSIONER: This judgment concerns two Class 1 appeals to the Court in respect of a shop top housing development already under construction (existing development) at Bondi Beach. The existing development under DA No DA-472/2022, was approved by the Court on 1 September 2023 pursuant to a s 34 conciliation conference and Agreement: Clutch Developments Pty Ltd v Waverley Counci...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. The appellants, YJV, YVB and YKA are sisters. They seek an order that their brother, YXD (the Brother), be ordered to pay their costs in an "internal appeal" from a decision made by the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT). The mother of the appellants and the Brother, YJW (the Mother), was the subject of the decision under appeal. 2. The a...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. HIS HONOUR: The city of Bitola in North Macedonia [1] is known as the "City of Consuls", reputedly because it was Bitola where most of the consulates of many countries were situated. 2. The defendant, the now late Rade Stoyanovski (Rade, also referred to as "Ray"), was born in Dobrusevo, a village near Bitola, in 1934. Sadly, he lived his early and final years in an environme...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the actual refusal, by Georges River Council, of Development Application DA2022/0614, which seeks consent for the construction of a detached secondary dwelling at the rear of the existing principal dwelling on lot 184 of DP 11098, known as 45 Kuroki Street, Penshurst. 2. These proceedings have been brought to the Cou...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application No. X/1040/2023 seeking consent for the removal of trees, demolition of a garage, additions and alterations to existing dwelling, construction of an attached dual occupancy, and a one ...
Australia, Dec. 26 -- New South Wales Land and Environment Court issued text of the following judgement on Dec. 13: 1. WRIGHT J: The applicant, Mr Tan Hiep (or Joey) Nguyen, seeks leave to appeal, under s 5(1)(c) of the Criminal Appeal Act 1912 (NSW), against the aggregate sentence imposed on him by Judge Bourke SC in the District Court of New South Wales at Sydney on 3 July 2023. Background 2. The applicant pleaded guilty in the Local Court to four charges: two charges of supplying a large c...