Nagaya v Athreiya
Neighbour tree dispute over minor driveway and fence damage led to targeted root pruning and dead-branch removal, but not tree removal.
- Neighbouring tree
- Damage to property
- Causation
- Root pruning
- Branch removal
- Discretionary orders
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Jackson v Secretary, Department of Climate Change, Energy, the Environment and Water
The Court refused urgent interlocutory relief to stop wild horse control operations in Kosciuszko National Park, and listed the matter for final hearing.
- Interlocutory injunction
- Wild horse management
- National parks
- Statutory authority
- Administration of plans of management
- Interlocutory-injunction
Smith v Visy Pulp and Paper Pty Ltd (No 2)
The Court dismissed a post-judgment costs application, holding the plaintiff’s offer was not capable of acceptance by Visy alone and that indemnity costs were not warranted.
- Offer of compromise
- Calderbank offer
- Indemnity costs
- Ucpr r 42.14
- Acceptance of offer by multiple defendants
- Indemnity-costs
Donatiello v Donatiello
Maria Donatiello sought to set aside her transfer of the Long Jetty property to Paul and Catherine Donatiello, alleging unconscionable dealing. The Court held it was a gift and dismissed the proceedings.
- Conveyancing
- Transfer of title
- Gift or sale
- Unconscionable conduct
- Special disadvantage
- Caveat
Health Care Complaints Commission v HXX (No 2)
The Tribunal granted an application to anonymise a previously published disciplinary decision about a medical practitioner, and ordered the practitioner to pay the Commission’s costs.
- Open justice
- Non-publication/anonymisation order
- Costs
- Medical practitioner disciplinary publication
- Mental health evidence
- Non-publication-order
Simpson v Sutherland Shire Council
Appeal upheld by consent after a Class 1 conciliation conference, with development consent granted for an existing inclinator and two landing stations.
- Development consent
- Conciliation conference
- Conditions of consent
- Foreshore development
- Coastal management
- Land and environment court jurisdiction
Solo v R
The Court granted leave to appeal but dismissed a sentence appeal, holding the disparity with a co-offender was explained by objective and subjective differences.
- Parity principle
- Joint criminal enterprise
- Grievous bodily harm
- Form 1 offences
- Conditional liberty
- Subjective and objective sentencing factors
Galey-Newbury v R
The Court of Criminal Appeal granted Caleb Galey-Newbury conditional bail after quashing his convictions and ordering a retrial, finding the Bail Act risks were adequately managed.
- Show cause offence
- Unacceptable risks
- Conditional bail
- Retrial
- Sexual offences
- Bail
Khan v Cumberland Council
The Court upheld a Class 1 development appeal and, by consent after conciliation, modified a development control order requiring demolition and restoration works.
- Development control order
- Class 1 appeal
- Conciliation conference
- Modification of order
- Building information certificate
- Unauthorised development
Dangar (Penrith) Pty Ltd v Canterbury-Bankstown Council
Class 1 development appeal upheld after conciliation conference. The Court granted consent for a single-storey dwelling over basement at 72A Duntroon Street, Hurlstone Park.
- Development application
- Development consent
- Conciliation conference
- Residential development
- Heritage conservation
- Acid sulfate soils
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