Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. DAVIES J: I have had the considerable advantage of reading in draft the judgment of McNaughton J. From my own examination of the evidence I agree with her Honour's reasons for the orders she proposes. 2. HAMILL J: I have had the advantage of reading the draft judgment of McNaughton J and agree with the orders her Honour proposes. Her Honour's comprehensive summary of the evide...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. This is a case about costs. The plaintiffs, Mr Ben Sweeten and Ms Varvara Sellies, seek leave to appeal to this Court out of time and in respect of a dispute about an amount of assessed costs which has not been shown to be greater than $100,000. The application for leave to appeal is brought under s 89(1) of the Legal Profession Uniform Law Application Act 2014 (NSW) ("LPULA Ac...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. These reasons concern the costs of these two related proceedings in which I delivered judgment on 10 June 2025: Geoghegan v Wood [2025] NSWSC 586. 2. The parties have agreed on the terms of the orders to be made to give effect to that judgment and to the settlement of the claims as between Ms Geoghegan and Mr Wood immediately prior to the commencement of the final hearing. 3....
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. COMMISSIONER: Mixed use development is proposed on land comprising six lots that, together, front Moseley Street and Donald Street in Carlingford. The proposal is for two buildings to be constructed in stages. The first building proposed appears as two buildings, identified as Buildings A1 and A2, and is an apartment building of between 4-7 storeys. The second building, identif...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. These judicial review proceedings (2023/323047) were commenced by summons filed on 12 October 2023 (the summons) in which the applicants sought declarations that conditions imposed on two development consents, DA-80/2023 granted 27 September 2023 (the rear DA) and DA-223/2021 granted 27 October 2021 (the front DA) by Waverley Council (Council) (the first respondent) requiring c...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. COMMISSIONER: The Applicant has appealed the Valuer-General's valuation of land pursuant to s 6A(1) of the Valuation of Land Act 1916 (VL Act) as at the Base Date of 1 July 2022 (Base Date) in relation to the land known as 255 Victoria Road, Rydalmere NSW 2116 and being the whole of the land in Lots 37 and 38 in Deposited Plan 14244 (Land). 2. The Agreed Chronology (Ex A tab 6...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. On 12 August 2023, the Offender, who was born in Iran and was a Canadian citizen but at the time was mainly resident in Iran, arrived in Australia. His sole purpose of coming to this country was to be involved in the manufacture of illicit drugs, in particular methamphetamine. He rented a motor vehicle and bought various items associated with drug manufacturing, including a lar...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. On 22 March 2024, after 10 days of hearing, including 2 days devoted to the oral delivery of comprehensive reasons, the Appellant was convicted in the Downing Centre Local Court by Magistrate Barko of one count of "participate in criminal group" in contravention of s 93T(1) of the Crimes Act 1900 (NSW) ("Crimes Act") and four counts of "dishonestly obtaining financial advantage...
Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27: 1. The issue for determination is the proper construction of a contract for the sale of land between the Plaintiff ("Sky") as vendor and the Defendant ("Dean Street") as purchaser ("the Contract"). Specifically, the question is, are liquidated damages payable by Dean Street to Sky on an amount of Goods and Services Tax ("GST") paid pursuant to an obligation created by the Contract...
CANBERRA, ACT, July 28 -- Murray-Darling Basin Authority issued the following news release: Landholders and river users, including pumpers, on the Mitta Mitta River are advised to take into account the forecast releases of water from Dartmouth Dam and make any necessary adjustment to their river activities. Transfers from Dartmouth Dam to Hume Dam are reducing due to forecast rainfall but may begin again if conditions, once again, turn dry. Releases from Dartmouth (measured at Coleman's gauge...