NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR MARK ALLYN PRESLAND V/S CESSNOCK CITY COUNCIL CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal against the determination of Cessnock City Council to grant development consent for the construction of a dwelling house at 860 Old Maitland Road, Bishops Bridge, subject to conditions. The applicants were dissatisfied with conditions 9 and 12A, which required the registration of a positive covenant for the protection of native vegetation and the ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SECRETARY, DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT V/S JP & LR HARRIS, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. In a judgment delivered this morning, I refused the defendants' application to read the affidavit of Dr David Robertson dated 13 May 2025 and tender Exhibit DR-1 thereto, being Dr Robertson's expert report dated 13 May 2025, on the voir dire: Secretary, Department of Planning, Industry and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning, Industry and Envi...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR SHUHUI WANG V/S JOHN YUN, ET AL. CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This concerns an application made by the First and Third Defendant for the proceeding to be transferred to the Supreme Court of Victoria pursuant to section 5(2) of the Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW). It is also, and principally, about costs. 2. The proceeding was commenced in this Court by Statement of Claim filed on 31 January 2025. In broad terms, the ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR BOHZANNA SIMONE SRBEK V/S SOPHIA WILKIE CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. The essence of the dispute before the Court is whether the first defendant (Ms Wilkie), who is the plaintiff's mother, holds her one half share in a property located at Robert Street, Angus, being Lot X in Deposited Plan X (Property) on trust for the plaintiff. 2. By her amended statement of claim filed 4 April 2024, the plaintiff seeks a declaration that Ms Wilkie holds the pl...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR BINDU KUMARI V/S STATE OF NEW SOUTH WALES, NSW TREASURY CASE

Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. This matter was listed before me this morning for hearing of the respondent's notice of motion seeking orders that the Applicant's application for victimisation be summarily dismissed. 2. Minutes before commencing the hearing this morning of that notice of motion, I received notification from the Commission's registry that the Applicant had submitted two documents to the Commis...


INTERVIEW WITH ISABELLA HIGGINS, AM, ABC RADIO

CANBERRA, ACT, June 19 -- The Treasurer of Australia issued the following transcript: Note Subjects: economic roundtable, oil prices, superannuation tax reforms Isabella Higgins: Treasurer JimChalmers has outlined his ambition to implement bold tax reforms. In a major speech, he declared he didn't want to engage in a rule‑in‑rule‑out game. He says everything is on the table ahead of a key economic roundtable in August. He joined me a short time ago. Treasurer, this conflic...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR REDSAB V/S LIVERPOOL CITY COUNCIL CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) being an application to the Court to modify a Development Consent granted by the Court (Modification Application). 2. On 13 December 2022, the Court delivered judgment in Redsab Pty Ltd v Liverpool City Council [2022] NSWLEC 1689, granting con...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR CERISE INVESTMENTS V/S WAVERLEY COUNCIL CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the Development Control Order (DCO) NO-5593 in terms of Order No. 1 (stop use), 3 (demolish works) and 10 (restore works) (DCO) pursuant to s 9.34 and sch 5, Pt 1 of the EPA Act at 89-91 Ramsgate Avenue, North Bondi NSW 202...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR REX V/S ANDREW JAMES TANSWELL, ET AL. CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. Andrew James Tanswell and George Phoenix Leilua, you both appear for sentence in relation to five principal offences of robbery in company which you committed together in the period 29 May 2023 to 15 June 2023 inclusive and which arose from five discrete incidents. Each of those incidents involved a different victim. 2. On the Court's own initiative, and pursuant to s8(a), (d) ...


NEW SOUTH WALES COURT ISSUES JUDGEMENT FOR MAREE GABLE V/S GEORGES RIVER COUNCIL CASE

Australia, June 18 -- New South Wales Land and Environment Court issued text of the following judgement on May 19: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of development application 2023/0527 (DA) for demolition, construction of a dwelling house, parking, swimming pool and cabana at Lot 5 DP 112706, known as 48 Vista Street, Sans Souci (site). 2. The Respondent, as the relevant consent authority, h...