Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. OThese proceedings concern the estate of the late Finikou Theocharous, who died in June 2023 at the age of 83. The plaintiff, who is one of her sons, makes an application for family provision under Chapter 3 of the Succession Act 2006 ("SA"). 2. The only significant asset in the estate is the former family home, a house at Marshall Street in Bankstown. The property was the sub...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. On 30 May 2025, the Appeal Panel published its reasons for decision in FZK v Secretary, Department of Communities and Justice [2025] NSWCATAP 120 (the Reasons) refusing the Appellant's application that Judge Seiden SC recuse herself on the grounds of actual and apprehended bias. The members of the Appeal Panel delivered separate reasons for the agreed decision made on 2 May 202...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. In 1978, the respondent was registered as a medical practitioner and in 1985 commenced practice as a specialist physician. On 18 April 2016, the applicant filed a complaint in the Tribunal relating to allegations involving several patients (the Complaint). The allegations contained in the Complaint are substantially the same as those which were contained in criminal charges fil...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application DA-24-00316 seeking consent for the amalgamation of 4 lots into 1 lot, construction of a two storey child care facility to accommodate 125 children and 19 staff, basement car parking f...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application DA/2024/0835 seeking consent for alterations and additions to an existing detached dwelling including partial demolition of existing structures, construction of a lower ground floor, g...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. This decision concerns what costs orders should be made both with respect to the appeal proceedings and with respect to the proceedings at first instance. 2. On 24 January 2025 we published our decision in the substantive appeal and made directions for the parties to make submissions as to what costs orders should be made. Those submissions have now been received. 3. In the d...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application DA24/0089 seeking consent for the demolition of existing structures and construction of a childcare centre with basement parking (Proposed Development) at 17-19 Loftus Avenue, Loftus l...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. This is an appeal under s 80(2)(b) of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) from a decision made in the Consumer and Commercial Division (CCD) of the NSW Civil and Administrative Tribunal under the Retail Leases Act 1994 (NSW) which was delivered on 20 June 2024. 2. We made the principal decision in Swedzah Pty Ltd v Moama Waters Providore Pty Ltd [20...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. Emu Rider Pty Ltd and five other applicants (collectively 'Emu Rider') are landholders in a catchment in northwestern New South Wales referred to as the NSW Border Rivers Water Management Area. Emu Rider challenges decisions of the Minister administering the Water Management Act 2000 (NSW) (WM Act) relating to the issue to the applicants of replacement floodplain harvesting acc...
Australia, July 24 -- New South Wales Land and Environment Court issued text of the following judgement on June 24: 1. LEEMING JA: Mr Hakija Sinanovic appeals from a judgment of the Local Court in favour of his former landlord, Ms Ludan Bone, in the amount of $65,246.85. That amount represents substantial success on her claim under a residential tenancy agreement in 2018 in respect of unpaid rent, liability to pay an occupation fee, and damages for cleaning and repairs to the property. The judg...