Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. The plaintiff was born in 2016. In December 2017, and January 2018, the plaintiff was brought to the defendant hospital by her mother for treatment. In these proceedings the plaintiff, who sues by her mother and tutor, alleges that the treatment she received was negligent. The negligence includes the alleged misinterpretation of Magnetic Resonance Imaging (MRI) which had been p...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. These proceedings were commenced on 28 May 2015 with the filing of a summons by the New South Wales Crime Commission as plaintiff and Mr Sean Anthony Smith as defendant. 2. The summons was heard on the same day by Hamill J, who made a number of orders pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) (Crime Commission v Sean Anthony Smith [2015] NSWSC 688). At t...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. These reasons concern a costs application by the respondent to the appeal, seeking costs of the appeal commenced by the appellant on 26 November 2024. 2. The appellant is a Lot owner in a Strata Scheme. The respondent to the appeal is the Owners Corporation of that Strata Scheme. 3. By way of brief background, until 17 November 2023 the respondent was self-managed, that is, i...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. The Council of the New South Wales Bar Association (the Bar Council) found that a barrister, Ms Rita Lahoud, had engaged in unsatisfactory professional conduct and professional misconduct. The Bar Council has applied to the Tribunal under the Legal Profession Uniform Law 2015 (NSW) (Uniform Law) for disciplinary findings and orders against Ms Lahoud. (At various parts of these ...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. On or around 22 July 2016, Rainnie Carter commenced employment with the Government of New South Wales in the service of the Crown as a member of the Teaching Service of New South Wales pursuant to s 44 of the Teaching Service Act 1980 (NSW). 2. On 17 July 2024, Ms Carter was medically retired from the Teaching Service by Catherine Brennan, the delegate of the Respondent, the S...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. The Applicant has held a firearms licence since 27 March 1993. On 20 April 1999, he was granted a Category AB firearms licence for the genuine reasons of Sport/Target Shooting and Recreational Hunting Vermin Control - Hunting club membership. The licence was renewed, most recently, on 1 February 2019. However, in November 2023 his firearms licence was revoked on the basis that ...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. COMMISSIONER: This Class 1 appeal is in respect of development for the purpose of alterations and additions to a dwelling house located at 42 Wentworth Road, Vaucluse, legally known as Lot 1 DP 315736 for which development consent was originally granted on 1 June 2023 (the June Consent). 2. The Applicant now seeks to modify the June Consent, pursuant to s 4.55 of the Environme...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. By Notice of Appeal dated 28 January 2025 the Appellant, known as FZK in these reasons, appealed against the decision of the Tribunal of 6 January 2025 concerning a procedural timetable and dismissing an application regarding the Appellant's contention that the Respondent had failed to comply with a summons (the Decision). For the reasons set out below, we have decided: 1) tha...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. The applicant, HCT, seeks administrative review of the decision of the Commissioner (the respondent) in relation to an application for access which was lodged by him with the respondent on 29 February 2024. The application seeks access to closed-circuit television footage (CCTV) of the entry and reception area of the Campsie Police Station for a two-hour period on 22 February 2...
Australia, July 25 -- New South Wales Land and Environment Court issued text of the following judgement on June 25: 1. Ms Nguyen (the plaintiff) claims that she made 2 loans to Mr Pham (the defendant), both of which he has failed to repay. She says that the first was a loan of $100,000 and the second a loan of $50,000. 2. Mr Pham denies borrowing or receiving any money from Ms Nguyen. He even denies knowing Ms Nguyen. 3. Ms Nguyen claims that she made the second loan to Mr Pham pursuant to a ...