Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. ADAMSON JA: The appellants, Derek and Floyd Larsen as trustees for the Larsen Superannuation Fund (the Larsens), appeal against orders made on 7 November 2024 by Cole DCJ (the primary judge) in the District Court (the Court below), dismissing their claim for relief under ss 236 or 237 of the Australian Consumer Law (the Law) against the first respondent, Tastec Pty Ltd (Tastec), ...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. The plaintiff, the State of New South Wales, seeks by summons an order that the defendant, Darryl Luke Smith, be subject to an extended supervision order ("ESO") pursuant to ss 5B and 9(1)(a) of the Crimes (High Risk Offenders) Act 2006 (NSW) ("the Act") for a period of three years from the date of the order. 2. In the interim the plaintiff seeks orders pursuant to s 7(4) of the...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. This is an application by the first defendant, Pietro Cossu, by amended notice of motion filed 31 March 2025 seeking a stay of the proceedings against him or, alternatively, against all seven defendants pending the resolution of prospective criminal proceedings arising from the "Operation Mantis" investigation conducted by the New South Wales Independent Commission Against Corrup...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. This decision concerns an application, filed on 4 June 2025, pursuant to s 17 of the Industrial Relations Act 1996 (IR Act), to vary the rates of pay of employees in certain classifications under the Crown Employees (Household Staff - Department of Education) Wages and Conditions Award 2022 (HS Award). 2. The HS Award covers household staff, employed under the Government Sector ...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. By Originating Process filed on 5 June 2025, the Plaintiff, Domain Holdings Australia Limited ("DHAL") 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, DHAL is an Australian public company listed on the Australian Securities Exchange ("ASX"). DHAL opera...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. This Decision is to be read with and uses the same abbreviations as in my decision on 8 May 2025: Zonnevylle v NSW Department of Justice [2025] NSWCATAP 103 (the 8 May 2025 decision). The factual background, the proceedings in the Administrative and Equal Opportunity Division, the history of the appeal up to 8 May 2025 are set out in the 8 May 2025 decision at [1] to [6]. 2. On ...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. Mr El Kassir complained to the President of the Anti-Discrimination Board that Westpac Banking Corporation (Westpac) had discriminated against him on the ground of his disability, in the provision of services. Mr El Kassir identified the allegedly discriminatory conduct as Westpac deciding not to re-establish a banking relationship with him and not responding to either of his Jul...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. Mr Boyland has lodged an appeal against the decision of the Tribunal made on 5 March 2025 refusing him leave, pursuant to s 96(1) of the Anti-Discrimination Act 1977 (NSW) (ADA), to proceed with a discrimination complaint (the Decision). Mr Boyland's complaint concerns alleged discrimination on the ground of disability. 2 For the reasons which follow, we find that the Decision i...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. The Gould Family Trust (the Trust) is a discretionary trust established by deed of settlement dated 1 July 1985 that established the Trust (the Deed). 2. Clause 15 of the Deed conferred on "the Parent" a power to remove any trustee or to appoint any new or additional trustee of the Trust. 3. Clause 21 of the Deed conferred on the trustee a power to "by resolution or deed revoke...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3: 1. Ms Evans is the owner of a lot in a strata scheme. The scheme comprises four lots, two of which are commercial premises located on the ground floor and two residential lots on the first floor. Ms Evans is the owner of one of the residential lots. 2. On 29 January 2023 Ms Evans filed an application with the Consumer and Commercial Division of the Tribunal in which she sought a nu...