Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. These reasons for decision should be read with, and use the same abbreviations as in, the decision that we made on 8 April 2025: Wells Group Pty Ltd v Betts [2025] NSWCATAP 70 (the appeal decision). In the appeal decision, we relevantly made the following order 4 (the appeal costs order) and order 5 comprising procedural orders for the lodgement and service by the parties of evi...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. The applicant Mr David Nassif on 24 August 2023 applied to this tribunal for administrative review of a decision of the respondent on 13 July 2023 to revoke his class 1A 2B security licence pursuant to s 26 of the Security Industry Act 1997 (SI Act) on the ground that the Commissioner was not satisfied that he is a fit and proper person to hold that class of licence, and that it...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Fairfield City Council of Development Application No 102.1/2024 (the DA). 2. The DA sought consent for the demolition of existing structures, removal of vegetation, construction of a double-storey centre-based child care facility for 10...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. HAMILL J: Salim Mehajer ("Mr Mehajer" or "the applicant") makes a release application pursuant to the provisions of the Bail Act 2013 (NSW). The Director of Public Prosecutions ("the Director" or "the respondent") opposes the application. 2. Subject to the provision in s 74 of the Bail Act, the Court has the power to hear the application because there is an appeal and/or an app...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's development application No. DA296/2023 (Development Application) seeking consent for alterations and additions to an existing commercial (retail) premises including a new basement level and fir...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. COMMISSIONER: The small township of Mardi is located inland from the central coast of NSW, a few kilometres from Wyong. To the west of Mardi lies the Old Maitland Road, along which is located the Mardi dam that is a source of drinking water for the community nearby. 2. To the north of Mardi Dam lies a large parcel of land that is proposed as a site for development, and which ad...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30: 1. COMMISSIONER: This appeal concerns a development application for the demolition of existing structures and the construction of a 2-storey co-living housing development containing 12 rooms, at 110 Barry Street, Cambridge Park. The development application was lodged with the respondent on 11 April 2024. Following the expiry of the period after which a development application is de...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. The proceedings before me are for the judicial review of a decision of the Minister administering the Water Management Act 2000 (NSW). 2. The parties in their preparation of the matter engaged hydrology experts to provide a joint report. The experts, Dr Barma, and Dr Martens prepared two reports dated 25 March 2025 and 13 May 2025 respectively. 3. During the course of the hear...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. Before the Court is an ex parte application by way of Notice of Motion by the defendant/cross-claimant, Mr Gary Aladjadjian, for an asset preservation or freezing order under Part 25.14 of the Uniform Civil Procedure Rules 2005 (NSW). 2. In substance, the background to the matter is that there is a longstanding dispute between Mr Aladjadjian, who I will refer to as the defenda...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. HER HONOUR: An issue has arisen in relation to the waiver of privilege, on the third day of a three-week trial. Imprecision in the precise details of the parties, facts and issues should be politely overlooked in this ex tempore judgment. Nature of the proceedings 2. Put shortly, Fiona Lock worked for a group of companies, which I will refer to as "CHAMP". These companies had ...