Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: Following a trial by jury, the appellants, Paul Burton and Andrew Katelaris, were each convicted of offences of either publishing or broadcasting the name of a child with respect to whom proceedings before the Children's Court had been brought, contrary to s 105(2) of the Children and Young Persons (Care and Protection) Act 1998 (NSW) (the Act). In early 2017, the appellants became associated...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1. The plaintiff is the owner of property at 24 Bundella Avenue, Lake Cathie, New South Wales. 2. These proceedings arise out of the construction of a residential home on the property which commenced in late 2018. 3. King & Campbell Pty Ltd prepared the architectural plans for the residence. 4. King & Campbell Pty Ltd is not a party to these proceedings. 5. The second and third defendants...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1. On 23 December 2024, the Applicant filed an application in this Tribunal seeking the orders by way of final and interim relief in the following terms: What orders am I seeking? Final 1) To exempt from reporting obligations under CPORA - S16 2) A declaration that the applicant/appellant is not a registrable person under the Act - ab initio Interim 1) I plead for a pseudonym "TGR24" be...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 HIS HONOUR: Many families function and live out their lives delighting and disappointing each other without resort to legal processes. Sometimes legal processes may be necessary to determine disputed relational matters and property entitlements within families. 2. Not all such litigation is unwelcome or vexed. Uncontested adoption applications are a quintessential example of a legal procee...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 By my judgment delivered on 13 May 2025 (Gerald Jaworski v Chartered Accountants Australia and New Zealand (No 4) [2025] NSWSC 457 ("Principal Judgment"), I dismissed an application brought by the Plaintiff, Mr Jaworski, seeking an order that the Defendant, Chartered Accountants Australia and New Zealand ("CA ANZ"), indemnify him for the costs of proceedings that he sought to bring in CA AN...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 By Originating Process filed on 23 May 2025, the Plaintiff, Wiggins Island Coal Export Terminal Pty Ltd ("WICET") applies for orders under ss 411 and 1319 of the Corporations Act 2001 (Cth) ("Act") relating to a proposed creditors' scheme of arrangement and associated orders. 2. By way of background, WICET is a private company and is the operating entity within a group of companies that ow...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 Before the Commission are two notices of motion. 2. The first is a notice of motion filed by the Respondent in the substantive proceeding on 15 April 2025, seeking the following orders: 1) The proceedings commenced by Application for Relief from Victimisation filed on 10 March 2025 be dismissed under Rule 13.4 of the Uniform Civil Procedure Rules 2005. 2) In the alternative to (1) above,...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 By its Judgment delivered on 10 April 2025 in these proceedings, the Court dismissed the summons filed by the plaintiff (Mr Tutoveanu) and ordered him to pay the costs of the first defendant (Mr Velez) and the second defendant (The Greens NSW): Tutoveanu v Velez [2025] NSWSC 359. These reasons should be read, and assume familiarity, with the Judgment. 2. By a notice of motion dated 10 Apri...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 THE COURT: By judgment delivered on 21 May 2025 and entered on that date, this Court dismissed the appeal brought by Dr Tommie Tue Gia Nguyen: Nguyen v Northern Sydney Local Health District [2025] NSWCA 107. At trial, most of Dr Nguyen's claims were dismissed, but he did obtain a nominal judgment based on a finding of breach of cl 3.7, which was a promise to use best endeavours to offer fur...
Australia, July 9 -- New South Wales Land and Environment Court issued text of the following judgement: 1 COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the Development Control Order (Order) issued by the respondent under s 9.34 and Part 1 of Schedule 5 of the EPA Act to the applicant dated 9 July 2024, requiring the applicant to relevantly restore part of the land identified as Lot 79 in Deposited Pl...