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Trees disputes

Angel v Pemberton

The Court refused a Pt 2A trees application about a bamboo hedge, finding no severe sunlight obstruction to the nominated windows.

  • High hedges
  • Sunlight obstruction
  • Neighbor disputes
  • Jurisdiction under pt 2a trees (disputes between neighbours) act 2006
  • Trees-disputes
  • High-hedges
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Environmental law

Save Wallum Incorporated v Bayside Brunswick Pty Ltd & Anor

Interlocutory injunction application dismissed. The Court held Save Wallum had not shown a prima facie BC Act offence or that the balance of convenience favoured restraint.

  • Interlocutory injunction
  • Threatened species
  • Habitat damage
  • Biodiversity conservation act 2016 (nsw)
  • Development consent
  • Balance of convenience
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Environmental law

Forestry Corporation of New South Wales v South East Forest Rescue IncorporatedCitation:[2025] HCA 15Before:Gageler CJ, Edelman, Steward, Jagot, Beech-Jones JJDate:09 Apr 2025Case Number:S120/2024Read more

The High Court held that the respondent had standing to bring civil enforcement proceedings concerning forestry approvals and dismissed the appeal.

  • Standing
  • Injunctive relief
  • Declaratory relief
  • Statutory interpretation
  • Injunctive-relief
  • Declaratory-relief
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Environmental law

Qin v Hunter’s Hill Council

Qin v Hunter’s Hill Council [2025] NSWLEC 1136

After a conciliation conference, the Court upheld an appeal and granted consent for an amended dwelling-house development at 11 William Street, Henley, subject to conditions.

  • Development application
  • Appeal
  • Conciliation conference
  • Conditions of consent
  • Development-application
  • Conciliation-conference
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Environmental law

The Trustee for Landen Dev No 14 Unit Trust v Lake Macquarie City Council

The Trustee for Landen Dev No 14 Unit Trust v Lake Macquarie City Council [2025] NSWLEC 1127

Class 1 development appeal upheld after conciliation, with consent granted for a Torrens title subdivision, demolition, roadworks and civil works at Wyee.

  • Development application
  • Subdivision
  • Conciliation conference
  • Integrated development
  • Biodiversity assessment
  • Development-appeal
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Environmental law

The Owners – Strata Plan No 52378 v Huang

The Owners – Strata Plan No 52378 v Huang [2025] NSWLEC 1125

Strata owners succeeded in part in a tree dispute, obtaining orders to remove some cypress trees and maintain others after findings of severe sunlight and view obstruction.

  • Tree disputes
  • Strata schemes
  • Severe obstruction of sunlight and views
  • Balancing of interests
  • Jurisdiction of land and environment court
  • Tree-disputes
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Planning law

MKY Enterprises (Aust) Pty Ltd v Central Coast Council

MKY Enterprises (Aust) Pty Ltd v Central Coast Council [2025] NSWLEC 1123

The Court allowed an appeal over a Wadalba subdivision, finding the proposal permissible subject to an amended plan and revised consent conditions.

  • Subdivision application
  • Minimum lot size
  • Urban release area
  • Environmental management
  • Development consent
  • Buffer zones
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Planning law

Cherice Pty Ltd v Woollahra Municipal Council

Cherice Pty Ltd v Woollahra Municipal Council [2025] NSWLEC 1131

The Court granted leave to amend and approved a modification to a shop top housing consent in Double Bay after a conciliation conference and agreed conditions.

  • Modification of development consent
  • Shop top housing
  • Jurisdictional preconditions
  • Statutory interpretation
  • Development-consent-modification
  • Shop-top-housing
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Environmental law

Environment Protection Authority v O’Brien

Environment Protection Authority v O’Brien [2025] NSWLEC 14

The Court sentenced Adam O'Brien for three false-information waste offences, finding deliberate conduct, potential environmental harm, and financial gain.

  • Supply of false or misleading information about waste
  • Sentencing for environmental offences
  • Fines and penalty orders
  • Criminal procedure
  • Environmental-sentencing
  • False-or-misleading-information
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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.