Browse decisions Displaying 1 - 200 out of 108510 results

Catchwords:

SUMMARY DISMISSAL – principles at [4]-[5] – building defects claim – earlier proceedings settled – whether settlement agreement included a release barring these proceedings – release in draft deed circulated without instructions to ‘open discussions’ – draft deed fell by the wayside in subsequent negotiations – ascertaining contractual terms at [6] – post-contractual conduct at [7].

Catchwords:

HIGH RISK OFFENDERS –supervision and other orders under the Crimes (High Risk Offenders) Act 2006 (NSW) – application for interim supervision order and examination orders – whether, assuming matters alleged in supporting material proved, unacceptable risk of committing a serious offence if not supervised – conditions to be imposed as part of the interim supervision order

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CIVIL PROCEDURE — originating process —application to further amend statement of claim — whether grant of leave in accordance with the dictates of justice

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Contract of Loan – Construction Loan – where monies advanced have not been repaid

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ADMINISTRATIVE LAW – Judicial review – Determination of Appeal Panel of Workers Compensation Commission – Powers of Appeal Panel – Whether Appeal Panel has the power to re-examine applicant prior to finding error – Where plaintiff suffered psychological injury

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TRIBUNALS – NSW Civil and Administrative Tribunal – joinder of parties to proceedings in respect of application for a guardianship order under the Guardianship Act 1987 (NSW) REASONS FOR DECISION – obligation to give written reasons for interlocutory decisions made under the Guardianship Act 1987 (NSW) PROCEDURAL FAIRNESS – whether the Tribunal’s decision to determine an application to be joined as a party to proceedings in the absence of the joinder applicant amounts to a failure to accord procedural fairness GUARDIANSHIP – whether s 15 of the Guardianship Act operated to prevent the applicant applying to NCAT for a guardianship order PRACTICE AND PROCEDURE — stay of the decision under appeal

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APPEAL – No error on a question of law – no basis for granting leave to appeal

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LICENSING – Security Industry Act – security licence – fit and proper person COSTS – administrative review proceedings – no special circumstances

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WORKERS COMPENSATION – uninsured corporate employer – culpable director – employer deregistered after service of notices under s 145(1) of the Workers Compensation Act 1987 (NSW) – uncontentious that employer contravened s 155(1) of the Workers Compensation Act by failing to obtain a workers compensation insurance policy for injuries occasioned to employees – appellant was sole director of employer at time of contravention – where respondent sought to recover payments granted to injured employer from appellant as a “culpable director” under s 145A(1) of the Workers Compensation Act – where primary judge found that appellant actually knew of circumstances amounting to contravention for the purposes of defeating reliance on s 145A(5)(a) of the Workers Compensation Act – where primary judge also found that appellant was in a position to influence employer’s conduct in relation to the contravention so as to defeat reliance on s 145A(5)(b) of the Workers Compensation Act – whether primary judge erred in finding that the appellant actually knew of the facts amounting to contravention – whether primary judge erred in finding that appellant was in a position to influence employer’s conduct in relation to the contravention – whether primary judge erred in quantifying amount recoverable from appellant – each ground of appeal dismissed, with costs APPEALS – evidence – credibility findings – functions and obligations of an appellate court – basis and scope for appellate intervention upon trial judge’s findings of credit WORDS AND PHRASES – “knowledge” in s 145A(5)(a) of the Workers Compensation Act

Catchwords:

PRACTICE AND PROCEDURE — Application for judges not to hear notice of motion seeking to set aside an order made by the same judges — actual or apprehended bias — application for disqualification rejected PRACTICE AND PROCEDURE — Application to set aside order dismissing summons for judicial review of judge’s decision refusing application for inquiry into convictions — no misapprehension of facts or law — application dismissed

Catchwords:

APPEAL – NCAT - leave to appeal from decision of Consumer and Commercial Division of NCAT – whether Tribunal failed to consider or give reasons for not accepting evidence – no question of law -alternatively, whether findings against the weight of evidence - new evidence – whether excessive uplift for preliminaries, builder’s margin and contingencies – whether allowance for contingencies was not fair and equitable - Tribunal’s decision varied in part – late application by appellant to vary Tribunal’s money order for a work order

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APPEAL- no error of law or leave ground- surcharge land tax imposed on a trustee of a discretionary trust-trust deed not amended within the time required by s5D of the Land Tax Act and the transitional provisions- failure of Commissioner to inform taxpayer of amendments and the option of amending the trust deed.

Catchwords:

HUMAN RIGHTS – equal opportunity – whether leave should be given – principles applying to grant of leave.

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APPEAL – Land tax – Where taxpayer defaulted in payment of land tax – Where Tribunal affirmed respondent’s decision not to remit premium component of land tax – Whether Tribunal misunderstood its role – Whether Tribunal erred in exercise of discretion – Whether Tribunal misconstrued s 25 of Taxation Administration Act 1996 (NSW) by failing to recognise that it confers a broad discretion

Catchwords:

DEVELOPMENT APPLICATION – shop top housing development – height of building contravention – whether written request demonstrates sufficient environmental planning grounds to justify the contravention

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APPEAL – development application – subdivision of land – conciliation conference – agreement reached – orders made

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HEALTH – Professional registration and discipline – pharmacist - where pharmacist is guilty of unsatisfactory professional conduct and professional misconduct, is not competent to practice as a pharmacist and is not otherwise a suitable person to hold registration as a pharmacist — what protective action should be taken

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CRIME – procedure – interlocutory appeal – application for permanent stay – applicant unfit to stand trial – charge of buggery with child – special hearing to be conducted – refusal by trial judge to permanently stay proceedings – reliance on delay, cognitive impairment and physical infirmity – whether judge erred in not finding continuation of proceedings unacceptably unfair

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ADMINISTRATIVE LAW — particular administrative bodies — NSW Civil and Administrative Tribunal – hearing – notice of hearing – no issue of principle CONTRACTS — implied terms — terms implied in fact – requirements for implication – no issue of principle

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CRIME – Appeals – Appeal against conviction – Fresh evidence – whether evidence relied upon by appellant is “fresh evidence” – Incompetence of counsel – whether at trial counsel for the appellant failed to follow client’s instructions and failed to cross-examine on the existence of various documents – Miscarriage of justice – whether trial judge erred by failing to leave the defence of mental illness to the jury – whether trial judge erred by failing to leave manslaughter to the jury on the basis of the defence of substantial impairment – whether trial judge erred in admitting evidence – whether trial judge erred by failing to leave manslaughter to the jury on the basis of self-defence and/or provocation – whether trial judge erred by failing to give a variety of directions – whether there was a “shift” or “split” in the Crown case which caused the trial to miscarry – whether trial judge erred by including juror who had been chosen to speak on behalf of jury at earlier time in the ballot to select verdict jury – operation of proviso in those circumstances

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ADMINISTRATIVE LAW – administrative review – Victims rights and support – recognition payment - Grievous bodily harm or actual bodily harm

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CRIMINAL LAW – appeal – appeal against conviction – persistent sexual abuse – whether verdict of guilty unreasonable – whether trial judge erred by failing to direct jury regarding the requirement for an “unlawful sexual relationship” in the s 66EA offence

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CRIME - SENTENCE - terrorism offences - advocate terrorist act or commission of terrorism offence - holder of category A or B licence not have approved storage

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CRIME - SENTENCE - obtain a financial advantage by deception - dishonestly obtain financial advantage by deception from the Commonwealth of Australia

Catchwords:

LEASES AND TENANCIES — Retail Leases Act 1994 (NSW) — Retail and Other Commercial Leases (COVID-19) Regulation 2020 — Landlord entered into possession on ground of unpaid rent — Whether tenant “impacted lessee” for purposes of Regulation — Whether tenant had qualified for the jobkeeper scheme established by the Coronavirus Economic Response Package (Payments and Benefits) Rules 2020 (Cth) — Whether Regulation proscribed action on the ground of a breach of lease occurring before the “prescribed period” – Whether landlord had entered into negotiations “in good faith” – Rent relief in accordance with the National Cabinet Mandatory Code of Conduct — SME Commercial Leasing Principles during COVID-19 CONTRACTS — Breach of contract — Consequences of breach — Right to damages – Assessment of damages – Reliance damages – Applicable principles - Whether landlord had established that the tenant would not have recouped its expenditure over the term of the lease. ADMINISTRATIVE LAW – Civil and Administrative Tribunal – Procedural fairness – Tribunal taking notice of facts not the subject of evidence – Tribunal erred by failing to draw the facts to the attention of the parties and allowing the parties to make submissions

Catchwords:

INTEREST – interest on damages – where damages award has past and future element INTEREST – interest on damages – whether plaintiff bound to rate claimed in substantive hearing – no detrimental reliance by defendant – plaintiff not bound TORTS – malicious prosecution – misfeasance in public office – collateral abuse of power – time at which actions accrue COSTS – indemnity costs – where three offers of compromise sent by plaintiff all no less favourable – where reasonableness of first offer questioned by defendant

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CRIMINAL LAW – proceeds of crime – forfeiture orders

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JURISDICTION OF COURTS – Transfer of proceedings – from Supreme Court to Federal Circuit and Family Court of Australia – whether seriously arguably that Federal Circuit and Family Court of Australia would not have jurisdiction

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HIGH RISK OFFENDERS — Interim detention orders — Application — serious sexual offending — whether risk mitigated by imposition of interim supervision order — where interim supervision order made

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TAXES AND DUTIES – payroll tax – employment agency contracts - whether services were provided in and for the conduct of the clients’ businesses

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DEVELOPMENT APPLICATION – proposed pet resort – whether acoustic impacts are acceptable – whether ecology impacts are acceptable – consideration of Applicant’s plan of management - conditions of consent.

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ADMINISTRATIVE LAW – Firearms licensing- refusal -fit and proper person -public interest

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ENVIRONMENT AND PLANNING – judicial review of decision to grant development consent to respondent for erection of new dwelling-house and associated structures – development consent granted to respondent by a Commissioner of the Land and Environment Court on a consent basis without intervention by applicants – where applicants contend that the Land and Environment Court as consent authority had no jurisdiction to grant consent because height limit was exceeded and there was no application to vary the standard as required by the Local Environmental Plan – factual questions arising on summons for judicial review remitted to Equity Division for determination - where the parties dispute the method of calculating the height of a dwelling-house in accordance with cl 4.3 of the Kogarah Local Environmental Plan 2012 – where respondent alleges that applicants excavated parts of the site said to contravene height limit – held that the proposed building exceeds maximum building height, though that is not apparent from the plans submitted to the consent authority – held that applicants did not excavate relevant parts of respondent’s land – unnecessary to answer other questions

Catchwords:

DEVELOPMENT APPEAL – shop top housing development – residential flat building – variation to height of building development standard – conciliation conference – agreement between parties – orders

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APPEAL – development control order –structure erected without required development consent – demolish works order – conciliation conference – agreement – modified order

Catchwords:

EQUITY – Trusts and trustees – Resulting trusts – Purchase money trusts – Presumption of advancement EQUITY – Trusts and trustees – Constructive trusts – Common intention

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APPEAL – development application – subdivision of land – construction of dwellings – conciliation conference – agreement reached – orders made

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders.

Catchwords:

PROSECUTIONS - multiple charges laid pursuant to the National Parks and Wildlife Act 1974 and the Biodiversity Conservation Act 2016 (together the charge‑founding statutes) - charges required to be laid within two years of alleged offending conduct becoming known to an authorised officer - challenges to whether charges were laid prior to the expiry of the two‑year limitation period - two separate bases advanced by the Defendant as to why the prosecutions were commenced out of time - first basis that the day knowledge of the offending conduct coming to the attention of an authorised officer to be counted in the two‑year limitation period - second basis (if the first basis failed) was that the two-year time period expired on a Saturday and that the provisions of s 36(2) of the Interpretation Act 1987 (the Interpretation Act) were not available to the Prosecutor to extend the time for commencement of the prosecutions until the next available working day - question whether two-year limitation period included the day when the authorised officer became aware of the alleged offending conduct or whether that day was excluded from the two-year period - Defendant proposes that the day was included - inclusion of the day would mean that all the prosecutions were commenced out of time - day the authorised officer became aware of the alleged offending conduct not to be counted in the two-year period - consideration of whether the relevant provisions in the charge‑founding statutes ousted the operation of the Interpretation Act provision – time‑extending provision of the Interpretation Act not ousted - prosecutions all commenced within time - Defendant’s Notice of Motion dismissed

Catchwords:

CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Partial dismissal of claim CIVIL PROCEDURE — Pleadings — Striking out

Catchwords:

SENTENCE ‑ Defendant charged with three offences pursuant to s 144AA(2) of the Protection of the Environment Operations Act 1997 (the POEO Act) for transmitting information concerning waste during the course of dealing with waste where the information was false or misleading in a material respect and the Defendant knew that it was false or misleading ‑ Defendant also charged with one offence pursuant to s 144AA(1) of the POEO Act of transmitting information concerning waste during the course of dealing with waste where that information was false or misleading in a material respect ‑ Defendant pleads guilty to all four charges after eight day trial ‑ charges against Defendant’s sole director withdrawn ‑ consideration of objective factors concerning the Defendant's offending conduct ‑ consideration of the Defendant's subjective factors ‑ appropriate starting penalties for each s 144AA(2) offence of $330,000 ‑ appropriate starting penalty for single offence under s 144AA(1) of $165,000 ‑ consideration of appropriate discount for guilty pleas ‑ guilty pleas made late but not so late as to disentitle Defendant to some discount for the utilitarian value of the pleas ‑ appropriate discount to be applied to each penalty of 10% ‑ consideration of totality and accumulation of penalties where offences arose from a single course of conduct ‑ appropriate to moderate the penalties for the second and subsequent offences ‑ Prosecutor seeks publication order ‑ Defendant opposes making of publication order ‑ appropriate to make publication order ‑ Prosecutor seeks moiety of penalties imposed ‑ moiety order not opposed by Defendant ‑ moiety of penalties ordered to be paid to the Prosecutor ‑ total penalty imposed on Defendant of $943,650 COSTS ‑ Prosecutor seeks order for costs ‑ order for costs not opposed by Defendant ‑ Defendant ordered to pay the Prosecutor's costs of the proceedings against the Defendant as agreed or assessed

Catchwords:

EQUITY — Trusts and trustees — powers, duties, rights and liabilities — remuneration — where order made that trustees be authorised to charge at their usual hourly professional rates subject to the total sum not exceeding $20,000 — where trustees claim remuneration significantly in excess of $20,000 —where other parties contend that the order imposed a binding and invariable cap — separate question ordered — Court may authorise increase in remuneration — duties of trustees to discharge onus — just, fair and reasonable

Catchwords:

WORKERS COMPENSATION – Workers Compensation Guidelines – whether Appeal Panel erred in applying relevant Guidelines

Catchwords:

PRIVILEGE – CLIENT PRIVILEGE – Evidence Act 1995, s 125 – plaintiffs are trustees of the estate of a bankrupt – the plaintiffs contend that in 2016 the executor of an estate, the first defendant, held certain real property on trust for the bankrupt – the second and third defendants are creditors of the estate of the bankrupt – the fourth defendants are the solicitors for the second and third defendants – the second and third defendants secure the appointment of the plaintiffs as trustees of the estate of the bankrupt in place of the Official Trustee – the second and third defendants seek freezing orders against the real property said to be held by the first defendant on trust for the bankrupt – the plaintiffs claim that the second and third defendants pursued the freezing orders acting as fiduciaries on behalf of the plaintiffs for the benefit of the general creditors of the bankrupt’s estate – the second and third defendants reach a settlement agreement with the first defendant in which real property held by the first defendant is sold, and the proceeds of sale are distributed partly to the second and third defendants and partly to the first defendant – the plaintiffs allege the settlement agreement was made dishonestly in breach of the second and third defendants’ claimed fiduciary duty to the plaintiffs and concealed from the plaintiffs and had the effect of fraudulently disadvantaging the other creditors of the bankrupt estate – the plaintiffs contend that client privilege has been lost in the documents because the documents were created in furtherance of the commission of a fraud or were communications which ought reasonably to have been known to have been prepared in furtherance of an abuse of power, within Evidence Act, s 125 – whether client privilege has been lost in the documents by reason of Evidence Act, s 125.

Catchwords:

CIVIL PROCEDURE – Summary disposal – Dismissal of proceedings – Frivolous or vexatious proceedings – Whether proceedings constituted collateral attack on prior judicial decision

Catchwords:

APPEALS — From exercise of discretion — Regard to irrelevant considerations APPEALS — Procedural fairness — Failure to give reasons — Adequacy of reasons LEASES AND TENANCIES — Residential Tenancies Act 2010 (NSW) — Quiet enjoyment – order for compensation of breach of quiet enjoyment

Catchwords:

COSTS – Civil and Administrative Tribunal Rules, rules 38 and 38A – “the amount claimed or in dispute” on an appeal is the amount in dispute on the appeal, not the amount claimed at first instance

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APPEAL – Leave to extend time to appeal – inadequate grounds - challenge to order that an amount was not payable – no arguable error demonstrated COSTS – Indemnity costs – Calderbank letter

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COSTS —principles governing the exercise of the discretion to award costs to the successful party under Health Practitioner Regulation National Law (NSW) — whether respondent had engaged in “disentitling conduct” — whether respondent had complied with its obligations Australian Health Practitioner Regulation Agency, “Model Litigant Policy”

Catchwords:

REAL PROPERTY – STRATA MANAGEMENT – changes to common property – levies – Strata Schemes Management Act 2015 (NSW) ss 24, 106, 108, 232 COSTS – nature of relief requires special circumstances – no special circumstances - Civil and Administrative Tribunal Act 2013 (NSW) s 60, Civil and Administrative Tribunal Rules 2014 (NSW) r 38

Catchwords:

COSTS– costs of appeal – appellant’s position not advanced as a result of successful appeal – s 60 of the Civil and Administrative Tribunal Act 2013 – no special circumstances – application for costs of the appeal dismissed.

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COSTS – where proceedings withdrawn having been rendered futile by external cause - cl 38A – indemnity costs

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COSTS –- s 60 Civil and Administrative Tribunal Act 2013 – proceedings not untenable, frivolous or vexatious – no award of costs.

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APPEAL – leave to appeal – no question of principle – application to file new evidence – no question of principle

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DEVELOPMENT APPEAL – demolition – residential flat building – view sharing – height of building – conciliation conference - agreement between the parties - orders

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TREES (NEIGHBOURS) – Hedge – obstruction of views – whether trees form a hedge

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TAXES AND DUTIES — Land tax — Surcharge land tax — Exemptions — whether a property is a principal place of residence.

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HEALTH — professional registration and discipline – unsatisfactory professional conduct — professional misconduct — protective orders

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SENTENCE ‑ charge of pollute waters ‑ overflow of sewage pumping station caused during repair of split rising main ‑ overflow of untreated sewage from pumping station into waterway ‑ Defendant convicted after trial on “not guilty” plea ‑ consideration of the extent of the environmental harm caused by the offending conduct - the offending conduct to be characterised as being toward but not at the lowest end of the low range of offending conduct - consideration of the appropriate starting penalty - a proposal that portion of the appropriate starting penalty be diverted to a local environmental project in the vicinity of the location where the pollution incident occurred - appropriate to order funding contribution for the environmental project - appropriate to order publication of a notice in the Daily Telegraph for educative and deterrence purposes - appropriate to order letter of apology signed by the Defendant's Managing Director to occupants of residences potentially adversely impacted by the additional pollution for which the Defendant has been convicted - no valid reason why the Defendant should not be ordered to pay the Prosecutor's costs of the proceedings with any dispute as to how those costs were to be disentangled from the overall costs of the liability proceedings to be addressed through a conventional costs assessment process - total monetary penalty of $200,000 of which $45,000 is to be paid to Fairfield City Council as a contribution toward the cost of the Quest Avenue Vegetation Swale Project proposed to be undertaken by that Council - a moiety of the residue of the financial penalty (being 50% of $155,000) to be paid to the Prosecutor pursuant to s 122 (2) of the Fines Act 1996

Catchwords:

PRIVATE INTERNATIONAL LAW — forum non conveniens — application for a stay — insurance — claim by plaintiff insurer against defendant insurer for equitable contribution on the basis of coordinate liability for the same risk — where the defendant insurer’s liability said to arise for one or both of two policies, one in English and governed by the laws of this State and another in French, arguably governed by the law of France — defendant contends that whilst this Court is an appropriate forum to determine issues pertinent to the English policy, it is clearly an inappropriate forum to determine issues pertinent to the French policy and that the Court should stay the proceedings so far as the issues relating to the French policy are concerned — defendant contends that it is oppressive to require it to deal with issues concerning the French policy in this Court — whether this court is a clearly inappropriate jurisdiction to determine the issues arising under the French policy — HELD — it is undesirable for components of the same overall dispute to be separated out and decided by separate courts — that it is not oppressive to require the defendant to deal with the French component in this Court, but if it were, it would be equally oppressive to require the plaintiff to deal with the French component separately from the local component in a foreign court — this Court is the more appropriate forum for the determination of the whole of the dispute — the Court does not anticipate any significant difficulty in dealing with any factual or legal issues to be determined in accordance with the law of France to the extent that it applies — seen as a whole, this jurisdiction is the one to which the dispute has the closest connection — application dismissed with costs

Catchwords:

CRIME — Appeal against severity

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BAIL — Release Application — Consideration of s 22B of the Bail Act 2013 (NSW) — Where applicant satisfies “special circumstances” threshold — Where applicant’s wife brutally murdered — Where the applicant has a role in the arrangements for the care of his children — Bail granted

Catchwords:

JUDICIAL REVIEW – Jurisdictional error – Decision of the District Court affirming a guilty verdict entered against the applicant in the Local Court for an offence under s 13 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) – Challenges primarily to District Court judge’s fact-finding – No jurisdictional error demonstrated

Catchwords:

ENVIRONMENTAL OFFENCES: taking of water without a properly operating water meter – construction and use of a water supply work without a water supply work approval – plea of guilty – factors to take into account in determining sentence – whether environmental harm – actual and substantial harm to the regulatory scheme – whether offences committed knowingly and to what extent – whether offences committed recklessly – whether offender in control of the causes of the offences – whether offences committed for financial gain – contrition and remorse demonstrated to a limited extent – totality principle applied – comparable cases – whether an order pursuant to s 353B(c) of the Water Management Act 2000 appropriate – monetary penalty imposed – publication order – costs ordered

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EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Approval and creation — employees parties to the enterprise agreement — net detriment test – application of State awards — Principles for approval of enterprise agreements - undertaking given by employer to comply with certain provisions of State award - enterprise agreement approved

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DEVELOPMENT APPLICATION – Child care Centre – amended plans - hearing

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EMPLOYMENT AND INDUSTRIAL LAW – awards and enterprise agreements – breach – determination of civil penalty for admitted breaches of industrial agreement – where parties agreed as to proposed pecuniary penalty – whether proposed pecuniary penalty is appropriate – exercise of discretion under s 403 of the Industrial Relations Act 1996 (NSW) to award penalty to industrial organisation

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DEVELOPMENT APPLICATION – use of existing building as farm building – building erected without development consent – no building information certificate

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CRIMINAL LAW – appeal – appeal against sentence – robbery armed with a dangerous weapon – parity principle – whether applicant had a justifiable sense of grievance in light of sentence imposed on co-offender – where offenders sentenced for the same offence but delay, other sentences for other offending and totality considerations affected sentences imposed – no justified sense of grievance – leave to appeal granted – appeal dismissed

Catchwords:

RESTITUTION – unjust enrichment – unauthorised withdrawals from company bank account – company’s claim for restitution against defendants who withdrew those funds CORPORATIONS LAW – voidable transactions – insolvent and uncommercial transactions – defence under Corporations Act 2001 (Cth), s 588FG(1)

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COSTS – indemnity costs - non-acceptance of rules offer and Calderbank offers – whether rules offer compliant with rules – whether Court should ‘otherwise order’ – Civil Procedure Rules 2005 (NSW), r 42.15A

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COSTS – successful defamation suit – self-represented plaintiffs apply for costs

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HUMAN RIGHTS – Discrimination – grounds of disability – educational authority - direct and indirect discrimination – home schooling – guidelines - denial to 2-year registration - whether differential treatment - comparator – educational authority – administer - services

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COSTS - ADMINISTRATIVE REVIEW – Authorised carers - special circumstances - costs where proceedings settled.

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APPEAL – Administrative law – Guardianship –– whether decision of Tribunal given on the papers was valid – whether procedural fairness was denied to the appellant – whether reasons were adequate – whether the decision was unreasonable – whether there were questions of law – whether there was findings of fact made in the absence of evidence.

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APPEAL – Failure to deduct balance of contract price in money order made in renewal proceedings

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CRIME — Child sex offences — Using carriage service to groom person <16 years for sexual activity

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EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Procedure and powers – motion to set aside summons to produce – relevant principles

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APPEAL – development application – multi dwelling housing – consistency with zone objectives – whether compatible with character of local area

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APPEAL – anti-discrimination – direct and indirect discrimination – allegation on the ground of sex – altruistic surrogacy leave – maternity leave – biological parent

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APPEAL —Reasons based on incorrect information - adequacy of reasons - set aside application reconsidered

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ADMINISTRATIVE LAW – child protection – working with children – risk to children whether risk real and appreciable– allegations – circumstances of allegations – weight of evidence - balance of probabilities- whether necessary to make positive findings on all matters – weight of evidence of risk – current risk – expert evidence – future risk – whether a reasonable person would allow person to work unsupervised with his or her child

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APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made

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Administrative Law – Civil and Administrative Tribunal – administrative review jurisdiction – enabling legislation - no jurisdiction to administratively review a decision with respect to stormwater drainage work under s 68 of the Local Government Act 1993 - no jurisdiction to administratively review a decision made under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

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APPEAL – extension of time to file notice of appeal – question of law

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PROFESSIONS AND TRADES – health care professionals – medical practitioners – disciplinary action – practitioner the subject of a criminal finding in relation to a domestic dispute – section 149C(1)(c) of National Law – whether criminal offences render the practitioner unfit “in the public interest” to practise medicine – whether “in the public interest” in s 150(1) has the same meaning as in s 149C(1)(c) of the National Law – the relevance of the use of the word “unfit” in s 149C(1)(c)

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CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders approving scheme of arrangement – Where formal requirements satisfied – Whether scheme of arrangement should be approved.

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CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders convening meeting of members to consider and, if thought fit, to agree to proposed scheme of arrangement – Whether requirements to order scheme meeting are satisfied.

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TREES (DISPUTES BETWEEN NEIGHBOURS) –trees causing damage to roof and retaining wall – are there viable alternatives to tree removal – do benefits from trees exceed the imperative to remove them

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DEVELOPMENT APPLICATION –mixed use - shop top housing - boarding house - breach in height development standards – cl 4.6 request for variation of standards - conciliation conference conciliation conference – agreement between the parties – orders

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HEALTH — Nurse — reinstatement application — previously surrendered registration — earlier Tribunal hearing — failure to maintain boundaries — relationship with mental health patient — steps to rehabilitation

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COSTS – costs of application for appointment of trustees for sale pursuant to s 66G of the Conveyancing Act 1919 (NSW) – where usual order would be for all co-owners’ costs to be paid out of the proceeds of sale of the land – where unreasonable conduct of the defendants caused costs to be incurred unnecessarily

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COSTS – costs of plaintiff’s unsuccessful claim for orders restraining alleged breaches or apprehended breaches of post-employment restraints and obligations of confidence – whether successful defendants’ costs should be paid by plaintiff on ordinary or indemnity basis – whether costs should be payable forthwith.

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APPEAL – development application – boarding house development – revised plan of management and conditions of consent – final orders made

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CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under ss 411 and 1319 of the Corporations Act 2001 (Cth) for orders convening meeting of members to consider and, if thought fit, to agree to proposed scheme of arrangement – Whether requirements to order scheme meeting are satisfied.

Catchwords:

CORPORATIONS – application for rectification of records maintained by ASIC – where registers maintained by ASIC evidences change to shareholders and officeholders – where no corporate step undertaken to effect such changes – whether court should order rectification of registers maintained by ASIC. DECEIT — Where representations made in connection with acquisition of interest in company or sporting rights – Where unclear whether interest was to be acquired by issue of shares by company or sale of shares by shareholders – Where documents were fabricated and purported to be signed by non-existent persons - whether order for exemplary damages should be made MISLEADING OR DECEPTIVE CONDUCT — Where representations made in connection with acquisition of interest in company or sporting rights – Where unclear whether interest was to be acquired by issue of shares by company or sale of shares by shareholders – Whether the representations were misleading and deceptive and causative of loss suffered by the Defendants/Cross-Claimants – whether knowing involvement established on the part of several Cross-Defendants. FALSE IMPRISONMENT – Whether circumstances of meeting gave rise to claim in false imprisonment.

Catchwords:

PRACTICE AND PROCEDURE – leave to appeal interlocutory decision – principles applicable – no issue of principle or matter warranting grant of leave PRACTICE AND PROCEDURE – referral of question to the Supreme Court – no suitable question posed – no reason to refer to such a question

Catchwords:

ADMINISTRATIVE LAW – firearms licence – revocation - failure to declare relevant information – whether holding firearms licence contrary to the public interest

Catchwords:

COSTS – succession – claim by adult plaintiff for family provision – no provision orders – where defendant applies for indemnity costs – where plaintiff applies for each party to pay costs or cap on costs – Calderbank offers – Offers of Compromise – UCPR rr 20.26 and 42.15A – whether the Court should “otherwise order” – whether rejection of Calderbank offer unreasonable – impecuniosity – significant adverse impact on financial position – size of the estate – conduct of the hearing – indemnity costs not ordered – plaintiff is to pay defendant’s costs on the ordinary basis – cap on costs made

Catchwords:

Firearms Act - firearms licence - refusal of licence - contrary to the public interest

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TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2A application – obstruction of sunlight – whether the obstruction is to a window – if no window Court has no jurisdiction

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DEVELOPMENT APPLICATION – alterations and additions to an existing dwelling - breach in minimum floor space ratio and height development standards – cl 4.6 request for variation of standards - conciliation conference conciliation conference – agreement between the parties – orders

Catchwords:

Development Application –– demolition of existing garage and construction of a two-storey building in the rear yard of the existing dwelling house – amenity impacts on neighbours, conservation area.

Catchwords:

BAIL — Where the applicant is a 33-year-old Aboriginal woman with mental health issues — Where unlikely that a term of full-time imprisonment would be imposed if convicted — Reference to the Bugmy Bar Book Chapter — Impacts of Imprisonment and Remand in Custody

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW – Industrial disputes – Relief – threatened medical retirement of police officer pursuant to s 94B of the Police Act 1990 – dispute orders sought pursuant to ss 136 and 137 of Industrial Relations Act 1996 – whether Commission should exercise its discretion to grant relief where dispute is confined to an individual grievance – characterisation of the dispute – whether to grant relief would be inconsistent with broader statutory scheme

Catchwords:

ADMINISTRATIVE LAW - freedom of information- government information public access - public interest considerations - secrecy provision in other legislation – whether overriding public interest against disclosure – form of access – provision of alternative form of access - Government Information (Public Access) Act 2009 (NSW)

Catchwords:

DEVELOPMENT APPEAL – tree removal – whether development application for built form required - orders TPO APPEAL – reasons for removal of tree - orders

Catchwords:

DEVELOPMENT APPLICATIONS – two adjoining sites – a proposed boarding house on each site – do the proposed development exhibit design excellence – are the proposed developments compatible with the character of the locality – are the likely impacts of the proposed development on adjoining properties acceptable – is the amenity of the proposed boarding houses acceptable – appeals upheld.

Catchwords:

APPEAL – Home Building – Contract interpretation – APPEAL – Home Building - Exercise of discretion – Consideration of evidence

Catchwords:

Appeal – question of law – assessment of damages under s 267(4) of the Australian Consumer Law – whether costs of sandblasting and repainting vehicle reasonably foreseeable loss when respray fails.

Catchwords:

CIVIL – mental health – forensic patient – interim order for extension of forensic patient status – order appointing two qualified psychiatrists, registered psychologists or registered medical practitioners to conduct examinations and furnish reports – order requiring defendant attend examinations – interim orders not opposed – aggravated break and enter and commit larceny – intellectual disability – substance use disorder – risk of causing serious harm to others – no less restrictive means to adequately manage risks – interim orders made

Catchwords:

Nil

Catchwords:

ORDERS — Variation of orders — Urgent application to vary orders to permit a source of funds to be available to pay a judgment debt no longer the subject of an appeal — Applicants submit that they will suffer prejudice in the form of committing an act of bankruptcy if application is refused — Respondent opposes variation in the context in which the mechanism for funding is contended to perpetuate an alleged contempt by the applicants and say it will be exposed to prejudice in creating further difficulty in unwinding transactions it says ought not have been entered into as a result of the alleged contempt — Some lack of clarity over precise reason for making the limitation in the order sought to be varied on drawdown of funds — Unnecessary to decide whether concern regarding contempt was the sole justification for the order sought to be varied — In context it appears to have been a significant consideration for the order — Disputed contentions regarding applicants’ financial position — Variation application refused

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Industrial disputes — Dispute orders – Power of Commission to make permanent order pursuant to s 137(1)(c) of the Industrial Relations Act 1996 enjoining employer from dismissing employees – Directions by Commissioner of Fire and Rescue NSW requiring COVID-19 vaccination –whether directions were lawful and reasonable – employer’s duty to determine reasonably practicable measures to reduce risk to health and safety of workers and others at common law and under the Work Health and Safety Act 2011 – obligation of employer to consult – no relief granted

Catchwords:

ADMINISTRATIVE REVIEW – firearms licence – revocation – whether applicant fit and proper person – whether in the public interest to continue to hold a licence – whether risk to public safety

Catchwords:

DEVELOPMENT APPLICATION – amendments to deferred commencement condition of existing consent – rooftop terrace with accessible lift – acoustic and visual privacy amenity considerations

Catchwords:

DEVELOPMENT APPLICATION – application for the construction of semi-detached dwellings and Torrens title subdivision – application properly characterised as dual occupancy (attached) development and Torrens title subdivision because the development is on one lot of land – prohibition of Torrens title subdivision that would create separate titles for each of the two dwellings resulting from a dual occupancy development

Catchwords:

ADMINISTRATIVE LAW – administrative review – Government information – confidential restriction on reporting of certain evidence - scope of application – public interest test – balancing the public interest

Catchwords:

Administrative Law – firearms licencing – licence revocation- genuine reasons for having a licence– public interest

Catchwords:

SUMMONS – objection to general access to summons material produced by medical practitioner

Catchwords:

DEVELOPMENT APPLICATION – childcare centre – flooding impact and reliance on modelling – appropriateness of mitigation design – consideration of site suitability due to flooding impact

Catchwords:

DEVELOPMENT APPLICATION – demolition of existing dual occupancy and erection of new dwelling house – bulk and scale – non-compliance with building envelope control in development control plan

Catchwords:

DEVELOPMENT APPLICATION – reuse of existing locally listed heritage item – restoration and conservation works proposed – development application seeks to utilise heritage incentives clause for permissibility of the proposed use – planning and heritage matters agreed by experts – what are the works for which consent are sought – what is the land to which the development relates – does the applicant have owners consent for that land – does the proposed development provide adequate water management – does the stormwater management system include all reasonable measures to avoid adverse impacts on adjoining land – appeal dismissed.

Catchwords:

APPEAL – development application – construction of a swimming pool seaward of the coastal building line – coastal erosion – whether it will increase the risk of beach erosion – definition of beach erosion – whether it will impact coastal management

Catchwords:

APPEAL – development application – residential subdivision – conciliation conference – agreement reached – orders made

Catchwords:

DEVELOPMENT APPLICATION: consent sought for demolition and construction of a multi dwelling residential development – whether the development is consistent with the development control plan requirements for parking and internal dwelling design – whether the design of the development is compatible with the existing or desired future character of the neighbourhood – whether the proposed driveways and garages dominate the streetscape presentation of the development – appeal upheld

Catchwords:

Administrative Law – firearms licence – revocation - where applicant diagnosed with PTSD, depression, and anxiety – where ongoing treatment – failure to declare ongoing treatment – whether holding firearms licence contrary to the public interest – whether Applicant has a need for a firearms licence

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Removal of police officer — Application for review pursuant to s 181E of Police Act 1990 (NSW) — Failure of applicant to comply with direction regarding COVID-19 vaccination — Application dismissed

Catchwords:

APPEAL- expert evidence-criticisms of the conduct of the expert and whether the expert evidence should be accepted- refusal to allow further evidence and whether there was procedural unfairness- whether leave to appeal should be granted in respect of findings of fact concerning defects.

Catchwords:

ADMINISTRATIVE LAW – Child protection – Working with children – Whether applicant poses a risk to the safety of children – Where applicant found not guilty of criminal charges relating to sexual conduct with stepdaughter – Whether Tribunal affirmatively satisfied that alleged conduct occurred – Where applicant alleged to have physically and sexually abused his own children – Whether Tribunal is able to dismiss those allegations as groundless

Catchwords:

LAND LAW – Strata title – Civil Penalty – contravention of Tribunal order – s 247A Strata Schemes Management Act 2015 – person entitled to receive payment of civil penalty – power of Tribunal to direct to whom penalty should be paid – relevant considerations in deciding recipient of civil penalty COSTS – award of costs in penalty proceedings – costs of strata managing agent appearing before Tribunal – costs of expert report where evidence rejected – lump sum award

Catchwords:

INDUSTRIAL DISPUTE – threatened unfair dismissal – proposed medical retirement of police officer – medical evidence – whether unfitness or incapacity appears likely to be of a permanent nature – injury management policies and procedures – recover at work processes

Catchwords:

DEVELOPMENT APPLICATION – educational establishment – proposed increased student numbers – whether proposed parking and student collection and drop-off arrangements are acceptable – Proposed Development unable to satisfy are potential noise impacts of proposal acceptable

Catchwords:

HIGH RISK OFFENDER – preliminary hearing – application for interim supervision order – no controversy regarding imposition of order – dispute limited to conditions imposed

Catchwords:

EMPLOYMENT AND INDUSTRIAL LAW — Public sector — Police – Removal - Incapable of discharging duties

Catchwords:

DEVELOPMENT APPEAL – residential – alterations and additions – floor space ratio development standard – view sharing – landscaping - orders

Catchwords:

HEALTH – professional registration and discipline – application to amend particulars – application granted HEALTH – professional registration and discipline – application for 24 orders requiring production of documents and other matters – application refused

Catchwords:

MODIFICATION APPLICATION – digital signage on classified road – conciliation conference – agreement between the parties – orders

Catchwords:

DEVELOPMENT APPLICATION – seniors housing development in R2 Low Density Residential zone – heritage conservation area – heritage significance of local heritage item – earthworks – whether deferral of essential matter

Catchwords:

TREE PERMIT APPLICATION – application to remove trees – whether removal of trees is justified – consideration of damage to property – consideration of conditions of consent.

Catchwords:

APPEAL – privacy and personal information protection - apprehended bias – s 18 (1) (a) of the Privacy and Personal Information Protection Act 1998 – summons - procedural fairness– adequacy of reasons

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – high hedges – view obstruction severity – balance between views and privacy

Catchwords:

APPEAL – development application – boarding house development – sufficiency of onsite parking – exercise of discretion to approve a fewer number of car spaces

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – apprehension of damage to roofs and sewer - leaves, fruit and small sticks falling onto roofs and yard – tree was there first

Catchwords:

APPEAL – development application – five-storey commercial development in commercial centre – bulk and scale – contravention of height and floor space ratio development standards – adequacy of the written requests – whether sufficient environmental planning grounds – whether the requests have demonstrated compliance is unreasonable or unnecessary

Catchwords:

ADMINISTRATIVE LAW – Child protection - Children (Education and Care Services) National Law -Cancellation of provider approval – Whether applicant and its director are fit and proper persons to be involved in the provision of an education and care service – Whether applicant has breached a condition of the provider approval – Whether cancellation decision should be confirmed as a matter of discretion

Catchwords:

ADMINISTRATIVE LAW – administrative review – Government information – Legal professional privilege - confidential hearing and evidence - scope of application – public interest test – balancing the public interest

Catchwords:

RETIREMENT VILLAGES – extension of time for lodgement of appeal - nature and scope of Tribunal’s powers in respect of orders affecting Village Rules – whether a Village Rule is unjust unconscionable harsh or oppressive within s 54 - findings of fact required at a remitted hearing – appeal allowed

Catchwords:

ADMINISTRATIVE LAW - Working with Children Check Clearance sought by way of an enabling order under section 28 of the Child Protection (Working with Children) Act 2012 (NSW) - where disqualifying offence under former 61E(1) of the Crimes Act 1900 (NSW) indecent assault – assessment of risk posed by applicant - whether the applicant has proven he is not a risk to the safety of children - where onus of proof discharged by applicant - where enabling order granted.

Catchwords:

PRACTICE A PROCEDURE – whether additional s58 documents lodged after the hearing and before the Tribunal’s decision should be accepted – procedural fairness - whether a further hearing is required to allow the applicant to address the impact (if any) of the additional documents on the issues in dispute and/or to assist the Tribunal to make the correct and preferable decision

Catchwords:

REAL PROPERTY - Retirement Villages – Residential (Land Lease) Communities – nature of relief sought – where costs can be awarded

Catchwords:

APPEALS – referral of question of law to the Supreme Court – application for summons – adequacy of reasons – procedural fairness – whether decision against the weight of evidence – new evidence LEASES AND TENANCIES - whether agreement exempt from Residential Tenancies Act 2010 because resident is a boarder or lodger – whether premises exempt from Residential Tenancies Act 2010 because premises are used or intended to be used principally as a hall of residence for students of an educational institution

Catchwords:

ADMINISTRATIVE REVIEW – Firearms Act 1996 – revocation of category ABG firearms licence – public safety – mental health condition and physical disability – “argumentative” interactions with inspecting Police officers

Catchwords:

TAXES AND DUTIES — Dutiable transactions — Dutiable property — Declaration of trust

Catchwords:

ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety

Catchwords:

ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety

Catchwords:

ADMINISTRATIVE LAW - Firearms –– objects of legislation – public interest – public safety

Catchwords:

APPEAL – Duplication of award of $1,000 at first instance – whether hearing unfair – amendment due to payment of rental bond to the landlord

Catchwords:

Administrative Law – surcharge land tax – whether principal place of residence exemption applied

Catchwords:

LICENSING – real estate agent – failure to lodge trust account – breach of s 111 Property and Stock Agents Act 2002 – ss 191 and 192 Property and Stock Agents Act 2002 – reprimand – adequacy of penalty

Catchwords:

HEALTH – Professional registration and discipline –appropriate orders following findings of professional misconduct - non-publication orders

Catchwords:

DEVELOPMENT APPLICATION – shop top housing – cl 4.6 written request – floor space ratio – agreement between the parties – orders

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders.

Catchwords:

ADMINISTRATIVE LAW - REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel contractor licence and disqualify a licence holder pursuant to the Home Building Act 1989 (NSW) PRACTICE AND PROCEDURE — INTERLOCUTORY ORDER – interim decision — factors relevant to exercise of the power to make the interim decision under section 60 of the Administrative Decisions Review Act 1997 (NSW)

Catchwords:

APPEAL – Application for a Stay of compulsory appointment of strata manager – standing of non-parties at first instance to bring appeal

Catchwords:

APPEAL – development application – specialised retail premises, food and drink premises and health services facilities – conciliation conference – agreement reached – orders made

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders.

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders

Catchwords:

MENTAL HEALTH - Protected Estates – the plaintiff applies for a declaration and orders under the New South Wales Trustee and Guardian Act 2009, s 41(1)(a) (“the TAG Act”) that the estate of his father, the first defendant, be subject to management orders under the TAG Act – the first defendant is taken out of the jurisdiction by his nephew, the second defendant – the first defendant now lives with the second defendant – the plaintiff applies for declarations that various powers of attorney and enduring guardian appointments executed by the father are void and of no effect – whether the first defendant is a person “incapable of managing his or her affairs” – whether the estate of the first defendant should be subject to management under TAG Act.

Catchwords:

Restraint of trade — employee's contractual post-employment restriction — Enforcement and remedies — Interlocutory injunction

Catchwords:

APPEAL – development application – centre-based child care facility – conciliation conference – agreement reached – orders made

Catchwords:

Modification Application –– alterations and additions to dwelling house – amenity impacts on neighbour.

Catchwords:

DEVELOPMENT APPEAL – residential - alterations and additions – orders

Catchwords:

DEVELOPMENT APPEAL – modification - excavation - orders

Catchwords:

CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders approving scheme of arrangement – where formal requirements satisfied – whether scheme of arrangement should be approved.

Catchwords:

INTERLOCUTORY – stay – Children and Young Persons (Care and Protection) Act 1998 – out of home care - restoration

Catchwords:

ADMINISTRATIVE REVIEW – application for firearms licence – past AVO – incorrect information supplied on application form - whether applicant is fit and proper person to hold a licence – whether not in the public interest for applicant to hold a licence

Catchwords:

COSTS — Party/Party — Where orders made striking out substantial cross-claim and claims against several Cross-Defendants were dismissed by consent

Catchwords:

LAND LAW — Caveats — Extension of operation of caveat — Balance of convenience — Serious question to be tried — Undertaking as to damages LAND LAW — Caveats — Formal requirements — Requirement to specify particulars of estate or interest claimed — Where dropdown boxes on PEXA system do not permit interest to be described accurately — Whether description due to requirements of PEXA system a failure to comply with legislation which can be disregarded — Recommendation that PEXA system be changed to provide options which better describe trust claims — Real Property Act, 1900 (NSW), s 74L

Catchwords:

CORPORATIONS — Winding up — Liquidators — Appointment of special purpose liquidator — Where question arises as to apparent independence of general purpose liquidator — Whether special purpose liquidator should be appointed to conduct certain investigations and possible proceedings.

Catchwords:

CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under ss 411 and 1319 of the Corporations Act 2001 (Cth) for orders convening meeting of members to consider and, if thought fit, to agree to proposed scheme of arrangement – Whether requirements to order scheme meeting are satisfied.

Catchwords:

COSTS – Whether application for indemnity costs open in the circumstances – Whether order for costs should be made against the Plaintiff’s solicitor.

Catchwords:

Administrative Law – Firearms licence refusal - fit and proper person - criminal offences

Catchwords:

HEALTH — Professional registration and discipline — Professional misconduct - Nursing Practitioner – application to terminate proceedings dismissed – wrongful access to multiple patient records – creation of false patient records

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders.

Catchwords:

DEVELOPMENT APPLICATION – proposed pet resort – whether acoustic impacts are acceptable – whether ecology impacts are acceptable – consideration of Applicant’s plan of management - conditions of consent.

Catchwords:

APPEAL — order made in Equity Division prior to final hearing for removal of caveat — Real Property Act 1900 (NSW) s 74MA — balance of convenience considered — appeal allowed and discretion re-exercised

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders.

Catchwords:

APPEAL – deemed refusal – subdivision for future residential development – conciliation conference – agreement between the parties – orders made

Catchwords:

APPEAL - whether error of law demonstrated - whether grounds for leave to appeal demonstrated - whether new evidence should be admitted

Catchwords:

APPEAL– whether material error of fact or error of law established- whether leave to appeal should be granted- whether new evidence should be received

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – industrial warehouse – agreement between the parties – orders

Catchwords:

TREES (DISPUTES BETWEEN NEIGHBOURS) – Pt 2 application – damage caused by neighbouring tree – risk of damage and injury – reasonable action to mitigate the risk – ownership of boundary trees – orders for pruning – orders for survey

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders.

Catchwords:

INTERIM HERITAGE ORDER – dwelling house – likely heritage item – local heritage significance – orders

Catchwords:

ENVIRONMENT AND PLANNING – Offences – Prosecutions – Six events of clearing native vegetation in contravention of s 12 of the Native Vegetation Act 2003 – Two events of clearing native vegetation in contravention of s 60N of the Local Land Services Act 2013 – 32 summons – Trial – Whether “clearing” – Whether “native vegetation” – Whether each defendant responsible for the clearing – Consideration of statutory defences – Mr Greentree and Auen Grain Pty Ltd found guilty – Proceedings listed to obtain sentence hearing date – Mr Harris and Merrywinebone Pty Ltd found not guilty – Summons stood over for entry of final orders