Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. Our reasons for decision in this matter were published on 24 April 2025: Al-Aaraj v Commissioner of Police, NSW Police Force [2025] NSWCATAP 87 (Appeal Decision). 2. For the reasons stated in the Appeal Decision, we dismissed the appeal. 3. At the conclusion of our reasons, we set a timetable for submissions on costs. 4. The Commissioner sought an order that the appellant pa...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. This judgment involves a 'price cap' agreement for the wholesale supply of natural gas. 2. The plaintiff/cross-defendant is Weston Energy Pty Ltd ('Weston'), represented by S Fitzpatrick of senior counsel. The defendant/cross-claimant is National Ceramic Industries Australia Pty Ltd ('Ceramics'), represented by M S White of senior counsel. 3. Weston relied on the affidavits o...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. This judgment involves a 'price cap' agreement for the wholesale supply of natural gas. 2. The plaintiff/cross-defendant is Weston Energy Pty Ltd ('Weston'), represented by S Fitzpatrick of senior counsel. The defendant/cross-claimant is National Ceramic Industries Australia Pty Ltd ('Ceramics'), represented by M S White of senior counsel. 3. Weston relied on the affidavits o...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. On 11 March or 12 March 2023, Roger James Kilby ("the offender"), murdered Andrew John Anthoney ("the deceased") by violently assaulting him in his own home. He handed himself into police the following day (or the same day) and was charged with murder. 2. On 21 February 2025, at Parkes Local Court, the offender was committed for sentence to the Supreme Court of New South Wales...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. PRICE AJA: By notice of motion filed on 8 July 2025, the applicant, Daracon Engineering Pty Ltd, seeks the expedition of its pending application for leave to appeal from an interlocutory decision made on 3 June 2025 by Russell DCJ in the Dust Diseases Tribunal of New South Wales ("the Tribunal"). The first respondent, David James Kelsall, who is about 70 years old, has commence...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. Mr Christopher Edwin Higgins, the appellant, was convicted and fined in the Downing Centre Local Court in respect of two instances of speeding, occurring on 5 April 2023 and 14 April 2023, contrary to r 20 of the Road Rules 2014 (NSW). In each instance, the charge featured the appellant driving at less than 10 km/h over the speed limit. 2. On 29 April 2024, the proceeding was ...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. Judgment in relation to these proceedings was delivered on 2 April 2025 (Niu v Lu [2025] NSWDC 103 ('the judgment')). The plaintiff's claims were dismissed. 2. The defendant, Mr Lu, now seeks an order for costs, partly on an indemnity basis. 3. Mr Niu submits that the appropriate order for costs is that the plaintiff pay the defendant's costs of the proceedings on the ordinar...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. The substantive proceedings in this matter concerns an application under Part 6 of Chapter 2 of the Industrial Relations Act 1996 (the Industrial Relations Act) by Ms Mary Ters (the Applicant), a former registered nurse employed at the Grace Centre for Newborn Intensive Care at the Children's Hospital, Westmead, alleging that her dismissal was harsh, unjust and unreasonable. Th...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. HIS HONOUR: By notice of motion filed on 30 May 2025, the plaintiff, Mr Charbel Elias, seeks judgment against each of the first and second defendants, namely, Ms Lee Smidt and Just Law Group Pty Ltd, in the amount of $230,599.40. Some of that amount has been paid and, in fact, the plaintiff instead moves on that amount less $5,438.11, which is to say, $225,161.29. 2. As raised...
Australia, Aug. 13 -- New South Wales Land and Environment Court issued text of the following judgement on July 14: 1. HIS HONOUR: The Lachlan River is the fourth longest river in Australia commencing near Goulburn in the Great Dividing Range and ending at the Great Cumbung Swamp near Oxley New South Wales. [1] It is the only river in New South Wales with significant wetlands along its length rather than just towards its end. [2] 2. In the early 1920's and 1930's at least three of eight siblin...