Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 8 January 2025. 2. The application to the Tribunal was brought by respondent whom we will refer to as the landlord against the appellant whom we will refer to as the tenant. 3. For the reasons set out belo...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 22 November 2024, the Health Care Complaints Commission (the HCCC) filed an Application in this Tribunal asserting that the Respondent Dr Thornton, a Chinese medicine practitioner, was guilty of unsatisfactory professional conduct and professional misconduct (the substantive proceedings). At the time of filing, Dr Thornton was registered. The HCCC asked the Tribunal to cancel...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. At all material times leading up to the commencement of these proceedings, the first cross-defendant Freescale Pty Limited (Freescale) and the second cross-defendant Runkorp Pty Limited (Runkorp) operated in partnership a business trading under the name Greenlife Resource Recovery Facility (Greenlife). 2. Mr Domenic Vitocco is the sole director of Freescale. 3. Mr Adrian Runko...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: Melissa Chew (the applicant), and Caroline Mary Frykberg (the respondent), share a boundary between their properties in Vaucluse. Ms Chew's land is a triangular corner block, with a dwelling facing east. The dwelling's straight rear wall was parallel and close to the parties' common boundary, which was oriented approximately north-south. 2. Mrs Frykberg's property...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 27 August 2024, the applicant, who had been given the pseudonym GRF, applied for a working with children check clearance pursuant to the Child Protection (Working with Children) Act 2012 (NSW) (WWC Act), nominating "clubs or other bodies providing services to children" as the relevant child-related employment sector. The applicant was notified that his application was refused...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 31 July 2024, the Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) made a guardianship order in respect of YMC (the Son), appointing the NSW Public Guardian as his guardian for a period of two years with the functions of access, accommodation, health care, medical and dental consent, services and restrictive practices (chemical and environmental restr...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 9 April 2025, I made the following orders: 1) Paragraphs [16]-[18] of the First Defendant's Defence are struck out. 2) Judgment against the First Defendant in the amount of $3,324,463.71. 3) The First Defendant is to pay interest pursuant to section 100 of the Civil Procedure Act 2005 (NSW). 4) The First Defendant is to pay the costs of the Plaintiff's Notice of Motion fi...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. On 11 March 2021, the Secretary, Department of Planning, Industry and Environment (the prosecutor) charged JP & LR Harris Pty Ltd and Woolondoon Pty Ltd (the defendants) each with an offence under s 60N of the Local Land Services Act 2013 (NSW) alleging clearing of native vegetation without approval in relation to two properties owned by the defendants in the Walgett Local Gover...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. By further amended summons filed on 31 January 2025, the Secretary of the New South Wales Department of Communities and Justice (DCJ) seeks an order that Rose Eilis Lacey (not her real name), now 7 years of age, be adopted by the proposed adoptive parents, Nancy Farrell (not her real name) and Jack Farrell (not his real name). 2. The Secretary also seeks orders dispensing with ...
Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. By Originating Process filed on 15 April 2025, the Plaintiff, AV Jennings Limited ("AVJ") applies for orders under ss 411 and 1319 of the Corporations Act 2001 (Cth) ("Act") relating to a proposed scheme of arrangement and associated orders. 2. By way of background, AVJ is an Australian company limited by shares and is admitted to the official list of the securities exchange co...