Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent's refusal of the applicant's development application No. 8/2021/21939/1 (Development Application). The Development Application, as lodged, sought consent for a 336 lot residential subdivision and assoc...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. The substantive proceedings in this matter concern an application under section 84 of the Industrial Relations Act 1996 (the IR Act) alleging the termination of the Applicant from her position as a Student Learning Support Officer - Hearing Support (an SLSO) employed by the education service was harsh and unjust or unreasonable. 2. The Applicant worked as an SLSO at schools in...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: Pursuant to the provisions of s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), these proceedings concern a Modification Application DA-1139/2022/A (the MA) made directly to the Court by ANBZ Investments Pty Ltd (the Applicant). In these circumstances, Liverpool City Council (the Respondent) is required to exercise certain functions ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. Khalil Kobeissi, you appear for sentence today in relation to the principal offence of aggravated break and enter a dwelling house and commit serious indictable offence (the circumstance of aggravation being that you knew there were persons within the dwelling house and the serious indictable offence being robbery in company). This is sequence 4. 2. Sequence 4 involves a contr...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. In this matter the parties come before the Court at the request of the defendant in circumstances in which the defendant has failed to comply with earlier case management orders in a significant way. Despite being ordered to file an evidentiary statement of the defendant, obviously a very important piece of evidence, by 14 March 2025, the defendant only served the report in lat...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. On 23 July 2025 I made orders ex parte granting interim anti-suit and anti anti-suit injunctions against the respondents to the plaintiff's amended notice of motion dated 22 July 2025 (plaintiff's motion): see Maria-Christina Perez de la Sala v Felicite Terrill Perez de la Sala [2025] NSWSC 835. For convenience, I will use the same defined terms as in that judgment. When the ma...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. On 1 April 2025, the Appeal Panel constituted by Deputy President S Westgarth and Principal Member K Robinson in FHP v Arys Health Pty Ltd [2025] NSWCATAP 66 made a decision (the 1 April 2025 AP Decision) comprising the following orders (the 1 April 2025 AP Orders) and reasons: "(1) To the extent leave is required in respect of the appeal concerning the order affecting the Sec...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. By way of summons filed 16 February 2024, Mid-Coast Council ('Council') commenced Class 4 civil enforcement proceedings seeking declaratory and consequential relief against John Janek Christopher Gazecki and Natalie Marie Decorte ('respondents') relating to the carrying out of development comprising the construction of a new and/or enlarged dam ('Dam 1') on land at 1079 Upper M...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act") against orders made in the Consumer and Commercial Division of the Tribunal on 19 and 23 September 2024. 2. The application relates to a dispute under the Residential Tenancies Act 2010 (NSW) ("RTA"). 3. There are two applications to the Tribunal relevant to this appe...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 230401 for the use of a workshop shed and creative studio for hobbies (the shed) (the proposal), at 5 Ambleside Avenue, Murrumbateman (the site), by Yass Valley Council (the Council). 2. The Co...