Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This is an application by Mr Omid Khademi ("the Applicant") for review of a decision by a delegate of the Secretary, Department of Customer Services ("the Respondent"). The Applicant applied for a contractor licence in "general building work" under the Home Building Act 1989 (NSW) ("the HBA"). The delegate decided to refuse to grant the application. 2. Section 20(2) of the HBA...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. These proceedings arise following an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against Northern Beaches Council's refusal of development application DA2024/0199, which sought consent for alterations and additions to the existing building and its use as two specialised retail premises at 42 Balgowlah Road, Balgowlah (Lot 2 in DP 530...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. These proceedings concern a contract for the sale and purchase of property at 6 Queen Street, Croydon Park, New South Wales, being the land in folio identifier XX/XXX. 2. The contract was entered into on 2 December 2021 between the plaintiff, Laurie Soueid, as purchaser, and the defendant, Huynh Bich Thuy Dang (also known as Lisa Dang), as vendor. 3. The contract stipulated a...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (the NCAT Act) against a decision made in the Consumer and Commercial Division of the Tribunal on 28 November 2024 in application numbered 2024/00256305 (Decision). 2. The parties had entered into a home building contract for the construction of a granny flat dated 15 January 2024. Dispu...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. On 12 July 2024 the applicant was issued with a notice of a final decision refusing a working with children check (WWCC clearance) under s 18(2) of the Child Protection (Working with Children) Act 2012 (NSW) (Act) on the basis of her conduct as a foster parent to two children from 2015 to 2021. The applicant had an interim bar placed on her WWCC clearance since 23 July 2021. 2...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application (eDA0166/23) (Development Application) seeking consent for the construction of a dwelling house with basement car parking, swimming pool, tennis court and associated la...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. The substantive proceedings are a Class 1 appeal commenced by an objector to a State Significant Development application. 2. In these proceedings Hills of Gold Wind Farm Pty Limited (Second Respondent) has filed two Notices of Motion seeking orders that the proceedings be dismissed and a review of a decision of a Registrar of this Court. Facts 3. On 9 September 2024, the Ind...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. COMMISSIONER: Pursuant to the provisions of s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act), these proceedings concern a Modification Application DA136/2023/4 (the MA) made directly to the Court by Concretive BHV Pty Ltd (the Applicant). In these circumstances, Woollahra Municipal Council (the Respondent) is required to exercise certain functions of th...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This appeal was brought from the decision of the Tribunal on 23 September 2024 to appoint a strata managing agent to Strata Plan No 98770 pursuant to s 237 of the Strata Schemes Management Act 2015 (NSW) (SSMA). 2. Section 237 of the SSMA relevantly provides: 237 Orders for appointment of strata managing agent (1) Order appointing or requiring the appointment of strata manag...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. COMMISSIONER: Development for the purpose of a dwelling house is proposed on land located on the northern side of Illawarra Street, perched above Sirius Cove in Mosman. 2. To this end, development application 8.2024.205.1 was lodged by the applicant, Nadir Kasto (Kasto) in these proceedings with Mosman Council on 2 October 2024, seeking consent for demolition of the existing s...