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Australia decisions
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Late amendment refused in part where proposed pleading changes were broad, untimely, and would prejudice the defendant and witnesses.
Class 1 appeal over a proposed child care centre in Riverstone was dismissed after the Court found parking reductions unjustified and fencing incompatible with local character.
The Court found a Norfolk Island pine caused significant damage to a retaining wall and ordered access, repairs, and apportioned compensation.
The Court partially granted a neighbour tree application, ordering biennial arborist inspection and pruning of a lemon-scented gum to manage debris and risk.
The Supreme Court of New South Wales transferred this sexual abuse claim to Victoria, finding Victoria the more appropriate forum in the interests of justice.
Leave to appeal was refused and the summons dismissed. The Court also dismissed an incompetent notice of appeal, corrected the University’s name, and removed the second respondent.
Leave to appeal was refused from a permanent stay of preliminary discovery proceedings, the Court holding the licence agreement barred proceedings other than in CAS.
The Appeal Panel dismissed an internal appeal about the compulsory appointment of a strata manager, finding no legal error, no procedural unfairness, and adequate reasons.
The Court of Appeal held Lot 50 was claimable Crown land because prior special leases extinguished native title, so it could not validly be the subject of a native title application.
Neighbours’ hedge-dispute application granted in part: the Court ordered regular pruning of Leyland cypress hedges to restore Harbour views from the applicants’ dwelling.
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