Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. LEEMING JA: This interlocutory appeal from a pre-trial ruling by the District Court in the prosecution of two persons for a federal drug offence presents questions of general application concerning the operation of the Criminal Code contained in the Criminal Code Act 1995 (Cth). 2. The respondent, Mr Lachlan Ingram, stands charged on a joint indictment with Ms Shania Rose Carr...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. THE COURT: On 21 May 2025, the Court ordered that the applicant pay the costs of the first respondents (the Mitchells) of a notice of motion filed on 11 March 2025 on an indemnity basis and that the amount of those costs be fixed as a gross sum: see Litigation Fund WCX Pty Ltd v Mitchell (No 4) [2025] NSWCA 106. The notice of motion sought a review of a decision of Griffiths AJ...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. This is a notice of motion in proceedings that were determined by the Court in January and May of this year. The motion seeks a stay of orders made on 21 January 2025 for possession of real estate at 11 Walter Street, Mortdale, and that there be a stay of a writ of possession ordered on 20 May 2025 relating to that same piece of real estate. A third order is in these terms: "T...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. By summons filed in Court with leave this morning, the plaintiff which is the New South Wales Crime Commission seeks a number of orders under the Criminal Assets Recovery Act 1990 (NSW). It seeks some of those orders urgently today, and, in particular, seeks a restraining order pursuant to s 10A over certain property nominated in the schedule, asserting that it was derived from...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. On 5 May 2020, on the plaintiff's application, this Court made an order pursuant to s 52A(a) of the Criminal Assets Recovery Act 1990 (NSW) whereby an interstate freezing order, or freezing notice as it is described, was registered in this Court. The plaintiff, that is the New South Wales Crime Commission, now seeks by notice of motion to reopen that application and to cancel t...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. By a motion filed in the Duty List in Court today, the plaintiff, Mr Fahmid Rahman, who appeared for himself, seeks these orders: 1) That the enforcement of Orders 1-8 made on 12 June 2025 be temporarily stayed, pending determination of the Plaintiff's motion for stay currently before the Court of Appeal (Case No: 2025/00202852); 2) In the alternative, that the enforcement of...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. The Chief Executive Officer of the Sydney Opera House Trust ("SOHT") has applied for approval of the Sydney Opera House Enterprise Agreement 2024 -2027 ("Agreement"), pursuant to s 34 of the Industrial Relations Act 1996 (NSW) ("Act'"). The SOHT also seeks the termination of the Sydney Opera House Enterprise Agreement 2022 -2024 ("previous Agreement") pursuant to s 44 of the Ac...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. LEEMING JA: By motion filed on 2 June 2025, the second defendant to these proceedings commenced slightly more than three years ago, Mr Nicholas Patrick Cain, seeks among other things that the hearing be vacated and the matter set down for a trial at some later date. The trial was set down for hearing to commence on 28 July 2025 with an estimate of five days. That happened as lo...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. These proceedings are brought under the Motor Accident Injuries Act 2017 (NSW) (MAIA). On 2 July 2024 the Personal Injury Commission decided that the claim by the Plaintiff was not suitable for assessment and was exempt under s 7.34(1)(b) of the MAIA, presumably due to complexity and the fact that the insurer denied liability. 2. By operation of s 3B(1)(e1) of the Civil Liabil...
Australia, Aug. 11 -- New South Wales Land and Environment Court issued text of the following judgement on July 11: 1. Mill HR Pty Ltd (Mill HR) has pleaded guilty to the following offence: "That as a person who had a health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (the WHS Act), it failed to comply with that duty and thereby exposed workers, in particular Hanna Gerges (Mr Gerges), to a risk of serious injury contrary to s 32 of the WHS Act." 2. Duralina Pty Ltd (D...