Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 against a decision made in the Consumer and Commercial Division of the Tribunal on 21 January 2025. 2. The application to the Tribunal was brought by the respondent to this appeal whom we will refer to as the tenant against the appellant whom we will refer to as the landlord. 3. For the reasons set...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. Mr Andrey Efremov (the Applicant) seeks access to information held by the NSW Health Administration Corporation (the Respondent) in relation to medical devices which were used to test for Lyme disease in the period 2013 to 2024. 2. This is an application for administrative review of a decision of the Respondent to refuse to deal with an application to access information in reliance on s 6...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. The applicant lodged an application for a category AB firearms licence on 25 October 2024. That application was refused by a decision made on 8 November 2024. The applicant sought internal review of that decision on 22 November 2024 and on 18 December 2024, the internal reviewer affirmed the original decision. He then sought review from the Tribunal by an application filed on 20 December 2...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. On 12 July 2023 the Tribunal determined three complaints brought by the Health Care Complaints Commission ("the Commission") against a doctor, who sought and obtained a suppression order and who was afforded the pseudonym, FWX ("the Respondent"). The proceedings were brought pursuant to the Health Practitioner Regulation National Law (NSW) (the National Law). At the conclusion of the Stage...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. This is an appeal by Mr Michael Udy (the Appellant) against orders made by the Tribunal (the Tribunal below) concerning the termination of a fixed term residential tenancy agreement between the Appellant and Mr Graham Barton (the Respondent). 2. The Respondent did not appear at the hearing for this appeal. It is true that an Appeal Panel must afford a party to proceedings before it with a...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. On 5 February 2024, Wollondilly Shire Council (Council) commenced, by way of summons, Class 4 proceedings seeking declarations and orders against Mr Ihab Khoder (the first respondent), Mr Vince Vella (the second respondent), and Ms Connie Vella (the third respondent). 2. By notice of motion filed on 12 February 2024, Council seeks orders that Mr Khoder (and not the second or third respond...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. HIS HONOUR: The accused, Clinton Wrigley, is on trial on four counts. The first is a count of murder, namely, that on or about 23 January 2023, near Nyngan, he murdered Joel Carter (the deceased). The other three counts on the indictment, involve the theft and/or disposal of property that was allegedly taken from the deceased's residence, at about the time of his death. 2. The jury retire...
Australia, July 2 -- New South Wales Land and Environment Court issued text of the following judgement: 1. HIS HONOUR: Correctly discerning meaning from text, speech, gestures and other cues is a vital life skill. A smile or a nod between a couple or friends or strangers "exchanging glances" [1] may be all that is needed to convey and receive clarity of intention. 2. However, the frailty of the human condition leads us to frequently only hear what we wish to hear and believe what we wish were ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. This is an appeal from a decision of the Administrative and Equal Opportunity Division (AEOD) of the NSW Civil and Administrative Tribunal (NCAT), refusing to make orders under ss 49(2) and 64 of the Civil and Administrative Tribunal Act 2013 (NSW) (NCAT Act) in AEOD proceedings concerning a complaint brought by Ms Seraphim under the Anti-Discrimination Act 1977 (NSW) (ADA). In ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. These proceedings relate to the estate of the late John Henry Cree who died on 4 March 2023 at the age of 81. The plaintiff is Scott McLean, who is the son of the deceased's former de facto partner. He seeks an order for further provision pursuant to s 59 of the Succession Act 2006 (NSW). The defendant is the deceased's daughter, Jodie Cree, who is the executor of the deceased's...