Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. Holcim (Australia) Pty Ltd filed the Statement of Claim in this matter on 1 May 2024. 2. Holcim alleged that Sheds and Garages Plus Pty Ltd was in breach of a contract entered into with the plaintiff on 26 July 2022 ('the contract') for the supply and construction of two large sheds, referred to as the Kit Shed and the Hot Rolled Shed. The defendant delivered to the plaintiff's ...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. STERN JA: I have had the very great benefit of seeing a draft of the judgment of Ierace J. I agree with his Honour that ground 3 should be upheld and I agree with his Honour's reasons for so finding. I agree with his Honour's reasons for rejecting ground 2. 2. As to ground 5, whilst the sentencing judge made observations in his remarks on sentence to the effect that there was "s...
Australia, July 7 -- New South Wales Land and Environment Court issued text of the following judgement on June 6: 1. The plaintiff holds an Australian Financial Services licence. 2. The first defendant, Mr Dimarco, is a financial advisor and the sole director and shareholder of the second defendant, Dimarco Capital Pty Ltd. 3. By an agreement dated 10 September 2018, the plaintiff appointed the second defendant as one of its authorised representatives. 4. That agreement was terminated on 2 A...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. Robert John Tucker (the defendant) has pleaded not guilty to an offence that as a person with a work health and safety duty imposed by s 28 Work Health and Safety Act 2011 (the Act), that he failed to comply with that duty and thereby exposed Matthew Richens to a risk of death or serious injury, contrary to s 32 of the Act. 2. On 24 May 2021 the defendant and Mr Richens were wor...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. These proceedings commenced on 20 March 2023. The proceedings sought possession of a property known as 56N Pakington Street, also known as Willow Lane, in Walcha. The order for possession and a liquidated sum was sought against the defendant by reason of her default under a credit arrangement with the bank. The property was mortgaged to the bank as security for the loan. Default ...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. COMMISSIONER: These Class 1 proceedings arise as a result of the deemed refusal, by Central Coast Council, of Development Application DA/1301/2024 which seeks consent for the construction of specialised retail premises, associated civil works on Lot 102 DP 1209157, 11 Bryant Drive, Tuggerah. 2. These proceedings have been brought to the Court pursuant to s 8.7 of the Environment...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. By Originating Process filed on 27 November 2024, the Plaintiff, Ms Ann Khoury ("Executor"), who is the executor and trustee of the Will of the late Donald Khoury ("Deceased") and has received a grant of probate of the Will, seeks orders under s 1071F of the Corporations Act 2001 (Cth) ("Act") requiring the parties to transfer two ordinary shares held by the Deceased in the First...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. Before the Court are two notices of motion relating to a Class 1 Development Appeal (Class 1 Appeal). The Class 1 Appeal was brought by the Substantive Applicant (Wheeldon) against the Substantive Respondent, Woollahra Municipal Council (Council), following the Council's refusal on 19 September 2024 of Wheeldon's development application (DA) to demolish an existing house and gara...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. HIS HONOUR: Siosaia Maea was injured in the course of his employment with Bleasdale National Personnel Pty Ltd on 22 January 2019 when he fell through an unguarded manhole into a pit. Mr Maea sued the defendant Acciona Infrastructure Australia Pty Ltd, which he alleged was the design and construction contractor responsible for the Sydney Light Rail Project where he was working. M...
Australia, July 3 -- New South Wales Land and Environment Court issued text of the following judgement on June 3: 1. The Applicant in this matter has a child with a disability. To prevent identification of the child, we refer to the Applicant in these reasons as GRD or 'the Applicant', and we refer to other members of GRD's family by their relationship to GRD, where necessary. 2. These proceedings involved complaints made by GRD that she was subjected to unlawful discrimination on the basis of...