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Australia Case Law

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Contempt of court

Anderson v Beldev M1 Pty Ltd

The Supreme Court of New South Wales held that Mr Anderson committed criminal contempt by engaging Jay to apply improper pressure on Mr Ibrahim through site disruption.

  • Criminal contempt
  • Improper pressure on litigant
  • Interference with administration of justice
  • Circumstantial evidence
  • Proof beyond reasonable doubt
  • Criminal-contempt
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Planning and environment law

Hariri v Canterbury-Bankstown Council

In a Class 1 development appeal, the Court upheld the appeal by consent and granted development consent for a new dwelling, pool and outbuilding.

  • Development application
  • Dwelling house development
  • Conciliation conference
  • Consent orders
  • Residential zoning
  • Airport noise
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Costs

NS v State of New South Wales (Department of Education) (No 2)

The Court awarded the plaintiff a $100,000 gross sum costs order, granted the State judgment for breach-of-contract damages with interest, and refused the State’s gross sum motion.

  • Gross sum costs order
  • Indemnity costs
  • Offer to contribute
  • Breach of employment contract
  • Institutional sexual abuse
  • Gross-sum-costs-order
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Planning and environment law

Galea v Penrith City Council

After conciliation, the Court upheld the appeal and granted development consent for a shed and driveway works at Cranebrook, subject to agreed conditions.

  • Conditions of development consent
  • Conciliation conference
  • Biodiversity credits and bdar
  • Bushfire prone land
  • Flooding/stormwater and catchment provisions
  • Local environmental plan compliance
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Administrative law

AAI Limited trading as AAMI v Patsalis

Judicial review of a psychiatric medical assessment under the Motor Accident Injuries Act failed; the summons was dismissed and costs ordered against the insurer.

  • Judicial review of medical assessment
  • Permanent impairment
  • Psychiatric injury
  • Procedural fairness
  • Reasons for decision
  • Delegated review under the personal injury commission act 2020 (nsw)
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Civil procedure

Gillies v State of New South Wales

The Court of Appeal refused leave to issue a subpoena sought by a self-represented applicant, finding it was not directed to the appeal issues and lacked a legitimate forensic purpose.

  • Subpoenas
  • Leave to issue subpoena
  • Self-represented litigant
  • Legitimate forensic purpose
  • Fishing expedition
  • Application for leave to appeal
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Planning and environment law

Raes Residence Pty Ltd v Byron Shire Council

The Court upheld the appeal and granted development consent for two dwelling houses in Byron Bay, subject to conditions after conciliation.

  • Development application
  • Conciliation conference
  • Development consent
  • Biodiversity
  • Integrated development
  • Heritage
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Criminal law

R v Lynch

Application for a criminal costs certificate dismissed after acquittal on child sexual offence charges; the Court held the complainant was not very substantially lacking in credit.

  • Costs certificate under costs in criminal cases act 1967 (nsw)
  • Sexual offences against a child
  • Witness credibility and reliability
  • Dna evidence
  • Complaint evidence
  • Criminal-costs
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Planning and environment law

R & D Beattie Properties Pty Ltd v Inner West Council

The Court upheld an appeal and granted consent for a Torrens title subdivision from two lots into three at 77 Beattie Street, Balmain, with attached housing.

  • Torrens title subdivision
  • Development consent
  • Minimum lot size
  • Floor space ratio
  • Landscaped area
  • Site coverage
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.