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Environment and planning

Wines v Homes NSW

The Court partly granted Henry Wines’ bamboo dispute application against Homes NSW, ordering staged removal works and $6,253.50 compensation.

  • Bamboo encroachment
  • Damage to property
  • Sewer pipe blockage
  • Fence damage
  • Compensation
  • Remedial works
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Anti-discrimination

Goldman v Inner West Council

The Tribunal dismissed Ms Goldman’s sex discrimination complaint against Inner West Council and her victimisation complaint against Mr Ryan.

  • Sex discrimination in recruitment
  • Victimisation
  • Merit-based selection
  • Circumstantial evidence
  • Compensation
  • Sex-discrimination
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Leases and tenancies

Kennedy v Caldareri

The Appeal Panel refused leave to appeal and dismissed an internal appeal about residential tenancy repairs, compensation, rent reduction, and fresh evidence.

  • Residential tenancies act 2010 (nsw)
  • State of repair
  • Loss of amenity
  • Compensation
  • Rent reduction
  • Leave to appeal
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Trees disputes between neighbours

Dolan v Hawker

The Court awarded $300 for fence damage caused by a neighbour’s red cedar, but declined orders concerning another tree said to risk future damage.

  • Compensation for damage caused by tree roots
  • Likely future damage from a tree
  • Apportionment of repair costs
  • Neighbouring trees application
  • Neighbouring-trees
  • Tree-root-damage
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Planning and environment

Zhu v Hergol Holdings Pty Ltd

The Court made consent orders requiring the respondent to remove two trees, arrange an arborist, grant access, and pay $2,640 compensation for roof damage.

  • Trees (disputes between neighbours) act 2006
  • Tree removal
  • Property damage by trees
  • Conciliation conference
  • Compensation for damage
  • Trees-disputes-between-neighbours-act
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Residential tenancies

Song v Dickson

The Appeal Panel extended time by one day and allowed the appeal in part, remitting rent reduction and compensation issues for reconsideration.

  • Rent reduction
  • Compensation
  • Extension of time
  • Continuing breach
  • Repair obligations
  • Appeal on question of law
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Real property

Nikolakopoulos v Kaya

Nikolakopoulos v Kaya [2025] NSWCATAP 37

Appeal allowed in a retail lease dispute. The Appeal Panel varied the Tribunal’s orders, upheld the make-good claim on quotations, and set the net amount payable at $205.

  • Retail leases
  • Lease renewal
  • Termination of lease
  • Security deposit
  • Breach of covenant
  • Compensation
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Environmental law

Ward v Fotu-Moala

Ward v Fotu-Moala [2025] NSWLEC 1032

The Court found a Norfolk Island pine caused driveway and fence damage and could damage a dwelling soon. It ordered tree removal, repairs, and apportionment of driveway costs.

  • Tree root damage
  • Boundary disputes
  • Remedies
  • Tree removal
  • Compensation
  • Jurisdiction under trees act
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Civil procedure

Commonwealth of Australia v Sanofi

Commonwealth of Australia v Sanofi [2024] HCA 47

The High Court dismissed the Commonwealth’s appeal, upholding findings that it had not proved Apotex would have sought and obtained PBS listing but for the injunction.

  • Undertaking as to damages
  • Interlocutory injunction
  • Patent law
  • Compensation
  • Causation of loss
  • Onus of proof
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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.