Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. MITCHELMORE JA: I agree with Adamson JA. 2. ADAMSON JA: The appellant, MTH, appeals against the judgments entered in favour of the first respondent, the State of New South Wales (the State), the second respondent, the estate of the late Geoffrey Croft (the estate), and the third respondent, Sandra Croft, by Cavanagh J (the primary judge) on 28 November 2024. She also appeals aga...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. STERN JA: I agree with McNaughton J. 2. HAMILL J: I agree with the orders proposed by McNaughton J and with her Honour's reasons. I would only add that, in terms of transparency, there is a distinct advantage in back-dating a sentence to take into account periods of pre-sentence "quasi-custody". However, as McNaughton J demonstrates by reference to several authorities, there is ...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. These proceedings concern certain parcels of valuable beachfront land at Casuarina - a suburb of the far northern New South Wales coast within the Local Government Area of the Tweed Shire Council (Council). 2. The plaintiff, Vashti Elizabeth Conway (Ms Conway) is the registered proprietor of Lot 52 in DP X, commonly known as X Harper Court, Casuarina (Lot 52/Conway Land). 3. Th...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Clarence Valley Council, of Development Application DA2023/0241. This application seeks consent for a 216 dwelling manufactured home estate with ancillary communal building and facilities, car parking, tree removal and civil works at 110 and 120 Carrs Drive, Yamba, Lot 32 in DP 1280863 and Lot 2 i...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. On 29 August 2024 the Tribunal determined that Muruga Balaji Kandasamy Mohan ("the Respondent") was guilty of unsatisfactory professional conduct pursuant to s 139B(1)(l) of the Health Practitioner Regulation National Law (NSW) ("the National Law") and that he was guilty of professional misconduct pursuant to s 139E of the National Law (Health Care Complaints Commission v Mohan [...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. MITCHELMORE JA: I agree with Stern JA. 2. STERN JA: Duc Thuong Le was injured in a motor vehicle accident at around 3.20 am on 7 October 2018 when the car in which he was a passenger collided at speed first with another car and then with a street sign and a tree in York Street, Sydney. He sustained a number of injuries and submitted a claim for personal injury benefits under the...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. COMMISSIONER: Mr Goldberg (the Applicant) applied to the Court, pursuant to s 14B (Pt 2A) of the Trees (Disputes Between Neighbours) Act 2006 (the Trees Act), seeking orders for the Respondent to prune the bamboo hedge located between the properties. The bamboo is close to the Respondent's rear and side boundaries of the rear yard of 73 Ocean Street Bondi. Of particular concern t...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. On 6 March 2023 an order was made cancelling the registration of Dr Edward Gao (the Practitioner) with a non-review period of 12 months. 2. By an Application filed on 5 November 2024, and pursuant to s 163A(1)(b) of the Health Practitioner Regulation National Law (NSW) (National Law), the Practitioner seeks a review of that order and that the Tribunal make a reinstatement order ...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. ADAMSON JA: I agree with the orders proposed by Dhanji J and, with one exception, with his Honour's reasons. I would prefer not to express a view about the potential consequence of a sentencing judge omitting to specify a non-parole period in respect of an offence for which a standard non-parole period was specified ([64]-[74] of Dhanji J's reasons) as this question was not the s...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. STERN JA: On 28 June 2023, the applicant, who elected under s 132 of the Criminal Procedure Act 1986 (NSW) to have a judge-alone trial, was convicted of one charge of carnal knowledge by a teacher contrary to s 73 of the Crimes Act 1900 (NSW) (as it then was). The conduct charged was that, on a day between 1 July 1980 and 12 December 1980, at Maroubra, he did unlawfully and carna...