Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. I gave judgment in this matter on 8 April 2025. [1] I shall use the same abbreviations here. 2. Lendlease sought to enforce the rights it asserted it had under the Deed in relation to the Balance Land and sought declarations as to those rights. It also sought consequential orders, including damages. 3. Lendlease's case was run on the unstated, but obvious, assumption that the ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. This is an application for leave to proceed and for default judgment against defendants who have not been personally named because their identities are unknown. I set out in the following paragraphs some background factual matters that have been established on evidence that has not been challenged. 2. The University of Notre Dame Australia is a national Catholic university. It ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. HIS HONOUR: David Mapp stood trial on 14 October 2024 before me sitting with a jury charged that on 28 July 2022, at Tumbi Umbi in the State of New South Wales, he did murder Colleen Wilson. On 24 October 2024, the jury returned a verdict of guilty on that charge. Mr Mapp is now to be sentenced for that offence. 2. The offence of murder carries a maximum penalty of life impriso...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. These proceedings concern a claim by the plaintiff, Mr Aaron Oates, for provision for his maintenance, education and advancement in life out of a notional estate of his father, Mr Steven Oates, who died intestate on 3 October 2022. The defendant is Mrs Jan Oates, who was Steven's wife and Aaron's stepmother. [1] 2.Steven's actual estate is nominal. At the date of the hearing, t...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. Joseph Rosenberg ('the defendant'), also known as Joseph Vozila, is a convicted sex and violent offender. The circumstances surrounding his sexual offending are extremely serious. His offences against a five-year-old girl and a young woman - both of whom were vulnerable and defenceless - were particularly predatory and disturbing. 2. The State of New South Wales ('the plaintiff...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. These proceedings concern a charitable trust. The trustee of the trust considers that it has become impracticable, or seriously inconvenient, to carry out the trust in accordance with its objects as originally defined, and seeks to have the Court exercise its power to resettle the terms of the trust cy-pres. The application is supported by the Attorney General as protector of ch...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. The dispute underlying this appeal concerns the appellant's complaint (the complaint) made under the Anti-Discrimination Act 1977 (NSW) of disability and age discrimination. 2. The complaint arises in the following context. In 1987 the appellant obtained income protection insurance cover, which was increased in 1991 (the policy). The respondent currently holds rights and respon...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. Before the Court are proceedings for judicial review of a decision by a magistrate to reject an application for a costs order under s 213 of the Criminal Procedure Act 1986 (NSW). The Magistrate heard and rejected the application at the conclusion of a trial at which two charges of assault were dismissed against the Plaintiff. After the close of the Crown case, the Magistrate di...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. These proceedings are brought by Mr Tekin, a former client of a firm of solicitors. Mr Tekin alleges professional negligence and breach of other duties during a retainer which relevantly started in 2014. I will refer to the solicitors as the Firm. The Firm acted for Mr Tekin on a contract to sell development land and in the litigation against the purchaser which followed. It is ...
Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 29: 1. Andrew Sallway has applied to the Court seeking orders relating to a large Eucalyptus saligna (Blue Gum) (the tree) on a neighbouring property. The application has been made pursuant to s 7 of the Trees (Disputes Between Neighbours) Act 2006 (Trees Act), under which Mr Sallway requests the Court make orders to remove the tree, and for the respondents, Martina Kapoor and Raan Kap...