1
LIST OF CONTESTED CASES
SCOTT NASH (2008 – present)
CASE
NATURE OF CASE
2016
Benedict Industries Pty Ltd v EPA [2016]
NSWLEC 1377
Class 1 Land and Environment Court
planning merit appeal
Byron Ventlink Pty Ltd v Byron Shire Council
[2016] NSWLEC 1374
Class 1 Land and Environment Court
planning merit appeal
Canterbury-Bankstown Council v Naji [2016]
NSWLEC 101
Class 5 Land and Environment Court
criminal prosecution
Constantine v Blacktown City Council [2016]
NSWLEC 56
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by I Hemmings SC
Constantine v Blacktown City Council (No.2)
[2016] NSWLEC 81
Class 3 Land and Environment Court
compulsory acquisition compensation. Led
by I Hemmings SC
Container Options Pty Ltd v Liverpool City
Council [2016] NSWLEC 1454
Class 1 Land and Environment Court
planning merit appeal
Dipalo v Liverpool City Council [2016] NSWLEC
1147
Class 1 Land and Environment Court
planning merit appeal
Elachi v Council of the City of Shoalhaven [2016]
NSWCA 15
NSW Court of Appeal proceedings. Led by
I Hemmings SC
EMGA Mitchell McLennan Pty Limited v Byron
Shire Council [2016] NSWLEC 63
Question of law appeal in Class 1 of the
Land and Environment Court
Fantastic Holdings Limited v Willoughby City
Council [2016] NSWLEC 1241
Class 1 Land and Environment Court
appeal against council order
Fox v North Sydney Council [2016] NSWLEC
1366
Class 1 Land and Environment Court
planning merit appeal. Led by I Hemmings
SC
Hazouri Investments Pty Ltd ATF Hazouri
Property Trust v Penrith City Council [2016]
NSWLEC 1257
Inquest into the death of Matthew Richell
(unreported, State Coroner’s Court, State
Coroner Barnes, 4 March 2016)
Class 1 Land and Environment Court
planning merit appeal
Inquest under the Coroners Act 2009. Led
by M Spartalis
2
CASE
NATURE OF CASE
2016
Karimbla Properties (No. 35) Pty Ltd v S.C.
Johnson Pty Ltd (matter settled 8 July 2016 - did
not proceed to final judgment)
Supreme
Court
of
NSW
s
89
Conveyancing Act 1919 proceedings. Led
by C McEwen SC
Kinloch v Newcastle
NSWLEC 109
[2016]
Class 4 Land and Environment Court
judicial review proceedings
Lexington Homes Pty Ltd v City of Parramatta
Council [2016] NSWLEC 1303
Class 1 Land and Environment Court
planning merit appeal
Liverpool City Council v Mattouk Enterprises Pty
Ltd & Joseph Halal (matter settled, 7 July 2016 did not proceed to final judgment)
Class 4 Land and Environment Court
judicial review and civil enforcement
proceedings
Merrin Developments Pty Ltd v Pittwater Council
[2016] NSWLEC 1080
Class 1 Land and Environment Court
planning merit appeal
McLaughlin v Roads & Maritime Services (matter
settled 30 March 2016 - did not proceed to final
judgment)
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
Multiplan Constructions Pty Ltd v Campbelltown
City Council [2016] NSWLEC 1208
Class 1 Land and Environment Court
planning merit appeal
PreTech Properties Pty Ltd v Penrith City
Council [2016] NSWLEC 1432
Class 1 Land and Environment Court
planning merit appeal
Roden v Bandora Holdings Pty Ltd [2016]
NSWCA 220
NSW Court of Appeal
Leading Z Shahnawaz
Speter v Roads and Maritime Services [2016]
NSWLEC 128
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
Sydney Metro Tree Services Pty Ltd v Transgrid
(matter settled 18 March 2016 - did not proceed
to final judgment).
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by P McEwen SC
Samm v Ballina Shire Council [2016] NSWLEC
1295
Class 1 Land and Environment Court
planning merit appeal
The Huns Frenchs Forest Pty Ltd v Roads and
Maritime Services [2016] NSWLEC 1340
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land. Led by I
Hemmings SC
Tomas v Ashfield Council [2016] NSWLEC 1183
Class 1 Land and Environment Court
planning merit appeal
Tomasy Pty Ltd v Liverpool City Council [2016]
NSWLEC 1263
Class 1 Land and Environment Court
planning merit appeal
City
Council
proceedings.
3
CASE
NATURE OF CASE
2016
Toplace Pty Limited v Karimbla Properties
(No.35) Pty Limited (matter settled 13 October
2016 – did not proceed to final judgment)
Supreme Court of NSW proceedings under
s 88K of the Conveyancing Act 1919 and
related Class 4 judicial review proceedings
in the Land and Environment Court
Universal 1919 Pty Limited v 122 Pitt Street Pty
Ltd [2016] NSWSC 942
Supreme Court proceedings relating to
landlord/tenant dispute. Led by P McEwen
SC
Upper Mooki Landcare Inc v Shenhua
Watermark Coal Pty Ltd and Minister for
Planning [2016] NSWLEC 6
Class 4 Land and Environment Court
judicial review proceedings. Led by P
Larkin SC
Vartuli v Roads and Maritime Services (matter
settled 6 August 2016 - did not proceed to final
judgment)
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
Wiskich v Roads and Maritime Services matter
settled 19 July 2016 - did not proceed to final
judgment)
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
4
CASE
NATURE OF CASE
2015
Alco Electrics Pty Ltd v Waverley Municipal
Council [2015] NSWLEC 1066
Class 1 Land and Environment Court of
NSW planning merit appeal
Aldred & Anor v Woollahra Municipal Council
[2015] NSWLEC 1467
Class 1 Land and Environment Court
planning merit appeal
Bankstown City Council v Ismail (matter settled 6
October 2015 – did not proceed to final
judgment)
Barca v Wollondilly Shire Council & Ors [2015]
NSWLEC 1124
Class 4 Land and Environment Court civil
enforcement proceedings
Blacktown City Council v Bathla Constructions
Pty Ltd & Ors (matter settled 26 June 2015 – did
not proceed to final judgment)
Burwood Council v Ralan Burwood Pty Ltd & Ors
[2015] HCATrans 157
Class 4 Land and Environment Court civil
enforcement proceedings
Council of the City of Shoalhaven v Elachi [2015]
NSWLEC 85
Class 4 Land and Environment Court of
NSW civil enforcement proceedings. Led
by I Hemmings SC
Constantine v Roads & Maritime Services [2015]
NSWLEC 1295
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
Colonial Credits Pty Ltd v Pittwater Council
[2015] NSWLEC 188
Class 1 Land and Environment Court
planning merit appeal
Colonial Credits Pty Ltd v Pittwater Council
[2015] NSWLEC 1320
Class 1 Land and Environment Court
planning merit appeal
El-Zeyat v R; Aouad v R; Osman v R [2015]
NSWCCA 196
NSW Court of Criminal Appeal. Appeal
against sentence
Environment Protection Authority v Nulon
Products Australia Pty Ltd [2015] NSWLEC 153
Class 5 Land and Environment Court
criminal proceedings
Galea & Anor v Penrith City Council [2015]
NSWLEC 1404
Class 1 Land and Environment Court
appeal against council order
Class 1 Land and Environment Court of
NSW planning merit appeal
High Court of Australia special leave
application. Led by T Hale SC
5
CASE
NATURE OF CASE
2015
Geotone Pty Limited v North Sydney Council
[2015] NSWLEC 1138
Class 1 Land and Environment Court of
NSW planning merit appeal
Hy-Tec Industries Pty Limited v Parramatta City
Council [2015] NSWLEC 1000
Class 1 Land and Environment Court of
NSW planning merit appeal
Hales v Valuer General [2015] NSWLEC 1473
Class 3 Land and Environment Court
valuation proceedings
Johnson Property Group Pty Ltd v Thornton
[2015] NSWSC 1389
Supreme Court general commercial
litigation proceedings. Led by D Cook
Kourouche & Ors v Canterbury City Council
(matter settled April 2015 – did not proceed to
final judgment)
Class 4 Land and Environment Court
mandamus proceedings. Led by S Duggan
SC
Kotronakis v Pittwater Council [2015] NSWLEC
1508
Class 1 Land and Environment Court
planning merit appeal
Lismore City Council v Ihalainen (No 3) [2015]
NSWLEC 53
Class 5 Land and Environment Court of
NSW criminal proceedings. Led by I Lloyd
QC
Liverpool City Council v Abeleven (matter settled
7 December 2015 – did not proceed to final
judgment)
Lexington Homes Pty Ltd v Parramatta City
Council [2015] NSWLEC 1503
Class 4 Land and Environment Court civil
enforcement proceedings
Letts v Nikolaidis [2015] NSWLEC 186
Class 3 question of law appeal from Local
Court relating to Access to Neighbouring
Lands Act 2000
Malcolm Smith Pty Limited v The Hills Shire
Council [2015] NSWLEC 1104
Class 1 Land and Environment Court of
NSW planning merit appeal
Manassa v RMS (matter settled 28 October 2015
– did not proceed to final judgment)
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings
McLachlan v Goulburn Mulwaree Council (matter
settled 31 March 2015 – did not proceed to final
judgment)
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
Class 1 Land and Environment Court
planning merit appeal
6
CASE
NATURE OF CASE
2015
Mosman Council v Spice; Mosman Council v
Sorrenson (unreported – prosecution withdrawn,
11 March 2015 and 21 December 2015,
Downing Centre Local Court)
Local Court of NSW summary criminal
prosecution
Mosman Municipal Council v Spice [2015]
NSWLEC 134; Mosman Municipal Council v
Spice (No.2) [2015] NSWLEC 136
Class 6 criminal proceedings in the Land
and Environment Court. Led by T Howard
SC
MKD Architects Pty Ltd v Woollahra Municipal
Council [2015] NSWLEC 1501
Class 1 Land and Environment Court
planning merit appeal
Maryland Development Company Pty Ltd v
Penrith City Council (matter settled September
2015 – did not proceed to final judgment)
Merool Holdings Pty Ltd v Murray Shire Council
(matter settled September 2015 – did not
proceed to final judgment)
Norwest Alliance Group Pty Ltd v Parramatta
City Council [2015] NSWLEC 1505
Class 1 Land and Environment Court
planning merit appeal
Oaks Hotels & Resorts (NSW) No.2 Pty Ltd v
Qiang Chen & Ping Gong (matter settled May
2015 – did not proceed to final judgment)
Oaks Hotels & Resorts (NSW) No.2 Pty Ltd v
Rong Li and Jing Li (matter settled May 2015 –
did not proceed to final judgment)
Paddison v Tweed Shire Council; Cotterill & Anor
v Tweed Shire Council [2015] NSWLEC 1036
Class 4 Land and Environment Court civil
enforcement proceedings
Roden v Bandora Holdings Pty Ltd [2015]
NSWLEC 191
Class 4 Land and Environment Court
judicial review proceedings
Roden v Bandora Holdings Pty Ltd (No 2) [2015]
NSWLEC 202
Class 4 Land and Environment Court
judicial review proceedings
Rakus Holdings Pty Ltd and Firstcomp Pty Ltd v
3PG Land Pty Ltd (matter settled 23 December
2015 – did not proceed to final judgment)
Top Space Pty Ltd v Tinage Holdings Pty Ltd &
Regent Star Developments Pty Ltd (matter
settled May 2015 – did not proceed to final
judgment)
Class 4 Land and Environment Court civil
enforcement proceedings
Local Court of NSW commercial litigation
proceedings
Class 1 Land and Environment Court
planning merit appeal
Class 4 Land and Environment Court civil
enforcement proceedings
Class 1 Land and Environment Court of
NSW planning merit appeal
Supreme Court general commercial
litigation proceedings. Led by D HoganDoran SC and K Rees SC
7
CASE
NATURE OF CASE
2015
Ware Street Investments Pty Limited v Valuer
General [2015] NSWLEC 73
Class 3 Land and Environment Court of
NSW valuation appeal
Ware Street Investments Pty Ltd v Valuer
General [2015] NSWLEC 1324
Class 3 Land and Environment Court
valuation proceedings
Ware Street Investments Pty Ltd v Valuer
General [2015] NSWLEC 1326
Class 3 Land and Environment Court
valuation proceedings
Ware Street Investments Pty Ltd v Valuer
General [2015] NSWLEC 1327
Class 3 Land and Environment Court
valuation proceedings
8
CASE
NATURE OF CASE
2014
Bandong & Anor v Penrith City Council [2014]
NSWLEC 1226
Class 1 Land and Environment Court of
NSW planning merit appeal
Boensch v Parramatta City Council (No. 3)
[2014] NSWLEC 15
Class 1 Land and Environment Court of
NSW planning merit appeal (costs
judgment)
Brauer & ors v Attorney General of NSW & ors
(unreported)
Federal Court of Australia Native Title
claim (joinder application)
Burwood Council v Ralan Burwood Pty Ltd & ors
[2014] NSWCA 106
NSW Court of Appeal proceedings. Led by
T Hale SC
Burwood Council v Ralan Burwood Pty Ltd & ors
(No. 2) [2014] NSWCA 179
NSW Court of Appeal proceedings. Led by
T Hale SC
Burwood Council v Ralan Burwood Pty Ltd & ors
(No. 3) [2014] NSWCA 404
NSW Court of Appeal proceedings. Led by
T Hale SC
Crisante v Transport for NSW; Zappia and Ors v
Transport for NSW [2014] NSWLEC 38
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
Dickie v Dickie (matter settled June 2014 - did
not proceed to final judgment)
Supreme Court of NSW (Equity Division) s
66G proceedings
Dickie v McAlister (matter settled 16 April 2014 did not proceed to final judgment)
Supreme Court of NSW s
Conveyancing Act 1919 proceedings
Double Happiness Company Pty Ltd v Waverley
Council [2014] NSWLEC 1225
Class 1 Land and Environment Court
planning merit appeal. Led by S Duggan
SC
El Boustani v The Minister Administering the
Environmental Planning & Assessment Act 1979
[2014] NSWCA 33
El Boustani v The Minister Administering the
Environmental Planning & Assessment Act 1979
(No. 2) [2014] NSWCA 114
Health Administration Corporation v George D
Angus Pty Limited [2014] NSWCA 352
NSW Court of Appeal proceedings. Led by
I Hemmings SC
Hiley v Great Lakes Council (unreported, 21
November 2014, Nicholas AJ)
Supreme Court of NSW (Equity Division) s
88K proceedings
66G
NSW Court of Appeal proceedings. Led by
I Hemmings SC
NSW Court of Appeal proceedings. Led by
I Hemmings SC
9
CASE
NATURE OF CASE
2014
Inzitari v Willow Grove Pty Limited (matter settled
July 2014 – did not proceed to final judgment)
Lismore City Council v Ihalainen (No 2) [2014]
NSWLEC 198
Local Court of NSW civil proceedings
Millar v Murray Shire Council (matter settled
February 2014 – did not proceed to final
judgment)
Class 1 Land and Environment Court of
NSW planning merit appeal
National Ceramics Industries Australia Pty Ltd v
Heritage Green Residential Estate Pty Ltd &
Anor and Maitland City Council (matter settled
April 2014 - did not proceed to final judgment)
Place v Penrith City Council (unreported
judgment, Judicial Member Juliet Lucy, 11
November 2014)
Class 4 Land and Environment Court
judicial review proceedings
Raymundo & Telles v Pittwater Council (matter
settled 22 December 2014 - did not proceed to
final judgment)
Class 1 Land and Environment Court of
NSW appeal against council order
Roads and Maritime Services v Porret [2014]
NSWCA 30
NSW Court of Appeal proceedings. Led by
P McEwen SC
Sedgmen v Waverley Council [2014] NSWLEC
1041
Class 1 Land and Environment Court of
NSW planning merit appeal
Shoalhaven City Council v Knight (matter settled
1 September 2014 - did not proceed to final
judgment but see Shoalhaven City Council v
Knight [2014] NSWLEC 132)
SJ Connelly CPP Pty Ltd v Byron Shire Council
[2014] NSWLEC 2
Class 4 Land and Environment Court of
NSW civil enforcement proceedings
Tian v Best Choice Investment Pty Ltd (matter
settled 16 October 2014 – did not proceed to
final judgment)
District Court of NSW civil proceedings
claiming unpaid wages and commissions
Class 5 Land and Environment Court of
NSW criminal proceedings. Led by I Lloyd
QC
NSW Civil and Administrative Tribunal
proceedings relating to Government
Information (Public Access) Act 2009 and
copyright
Class 1 Land and Environment Court of
NSW s 56A planning merit appeal. Led by
P Tomasetti SC
10
CASE
NATURE OF CASE
2014
Tan v Best Choice Investments Pty Limited
(matter settled August 2014 - did not proceed to
final judgment)
Tenterfield Shire Council v Maxwell & anor
(matter settled 7 May 2014 - did not proceed to
final judgment)
Victory Parc Pty Limited v National Ceramic
Industries Australia Pty Limited (matter settled
April 2014 - did not proceed to final judgment)
District Court of NSW civil proceedings
claiming unpaid wages and commissions
Walker v Siasat [2014] NSWLEC 86
Class 4 Land and Environment Court of
NSW judicial review proceedings. Led by I
Hemmings SC
Waverley Council v Walsh (unreported, 17
November 2014, Sheahan J)
Class 4 Land and Environment Court of
NSW civil enforcement proceedings
(including interlocutory relief)
Waverley Council v Walsh [2014] NSWLEC 195
Class 4 Land and Environment Court of
NSW civil enforcement proceedings
Yule v Woollahra Municipal Council [2014]
NSWLEC 1270
Class 1 Land and Environment Court of
NSW planning merit appeal
Class 4 Land and Environment Court of
NSW civil enforcement proceedings
Class 4 Land and Environment Court of
NSW judicial review proceedings. Led by
P Tomasetti SC
11
CASE
NATURE OF CASE
2013
AJE v Hawkesbury City Council [2013] NSWADT
174
Administration
Decisions
Tribunal
proceedings under the Privacy and
Personal Information Protection Act 1998
Bachir v Kogarah City Council [2013] NSWLEC
1124
Class 1 Land and Environment Court of
NSW planning merit appeal
Bachir v Kogarah City Council (unreported, 29
April 2013, Kogarah Local Court)
Local Court of NSW summary criminal
proceedings
Balfour v Simonds (matter settled April 2013 –
did not proceed to final judgment)
Supreme Court of NSW (Equity Division)
civil proceedings
Blacktown City
NSWLEC 175
[2013]
Class 4 Land and Environment Court of
NSW contempt proceedings. Leading A
Isaacs
Bowden & Anor v Grayson & Anor [2013]
NSWLEC 1161
Class 2 Land and Environment Court of
NSW tree dispute proceedings
Burwood Council v Ralan Burwood Pty Ltd
[2013] NSWLEC 173
Class 4 Land and Environment Court of
NSW civil enforcement and judicial review
proceedings. Led by P Clay SC
Barlow & ors v Chandab & ors (matter settled 13
August 2013 – did not proceed to final judgment)
District Court of NSW civil proceedings
claiming damages for negligence and
breach of lease. Led by S Duggan SC
Chief Executive, Office of Environment and
Heritage v Ausgrid [2013] NSWLEC 51
Class 5 Land and Environment Court
criminal proceedings. Led by I Lloyd QC
Chief Executive, Office of Environment and
Heritage v Ausgrid (No.2) [2013] NSWLEC 63
Class 5 Land and Environment Court
criminal proceedings. Led by I Lloyd QC
City of Sydney Council v Beydoun (unreported,
10 September 2013, Downing Centre Local
Court)
Davies v Penrith City Council [2013] NSWLEC
1141
Local Court of NSW summary criminal
proceedings
Davis v Gosford City Council [2013] NSWLEC 49
Class 1 Land and Environment Court of
NSW s 56A planning merit appeal. Led by
P Clay SC
Council
v
Pearce
Class 1 Land and Environment Court of
NSW planning merit appeal
12
CASE
NATURE OF CASE
2013
Del-Ben v Waverley Council [2013] NSWLEC
1245
Class 1 Land and Environment Court of
NSW planning merit appeal
Dennis v JMC Investments Corp Pty Limited
(matter settled 2 December 2013 – did not
proceed to final judgment)
Class 4 Land and Environment Court of
NSW civil enforcement proceedings
Dicker v Dicker (matter settled 6 May 2013 – did
not proceed to final judgment)
Supreme Court of NSW Family Provision
proceedings
D & K Investments (NSW) Pty Ltd v RMS (matter
settled 18 June 2013 – did not proceed to final
judgment)
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by N Eastman
Eastern Views Developments Pty Ltd v Waverley
Council (matter settled August 2013 – did not
proceed to final judgment)
Class 1 Land and Environment Court
planning merit appeal
George D Angus Pty Ltd v Health Administration
Corporation [2013] NSWLEC 212
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land. Led by I
Hemmings SC
Class 3 Land and Environment Court of
NSW valuation appeal
Hillard v Valuer General (matter settled 25
November 2013 – did not proceed to final
judgment)
HSN Holding Bondi Pty Ltd v Waverley Council
(matter settled May 2013 – did not proceed to
final judgment)
Class 1 Land and Environment Court
planning merit appeal
Human v Valuer General (matter settled March
2013 – did not proceed to final judgment)
Class 3 Land and Environment Court of
NSW valuation appeal
JKN 2 Pty Limited v Owners – Strata Plan No.
38801 (unreported, 5 March 2013, Downing
Centre Local Court)
Local Court of NSW civil proceedings
under the Access to Neighbouring Lands
Act 2000
Jonker v Evans & ors (matter settled 9
September 2013 – did not proceed to final
judgment)
Supreme Court of NSW (Equity Division) s
88K proceedings. Led by P Clay SC
Kogarah City Council v Armstrong Alliance Pty
Ltd (No.2) [2013] NSWLEC 32
Lismore City Council v Ihalainen & anor [2013]
NSWLEC 149
Class 4 Land and Environment Court of
NSW judicial review proceedings
Class 5 Land and Environment Court of
NSW criminal proceedings. Led by I Lloyd
QC
13
CASE
NATURE OF CASE
2013
Maguire v Sutherland Shire Council; Furia Pty
Ltd v Sutherland Shire Council [2013] NSWLEC
1115
Murray v Woollahra Municipal Council [2013]
NSWLEC 40
Papas v Grave (No. 2) [2013] NSWCA 398
Pittwater Council v Martoriati [2013] NSWLEC 84
S J Connelly CPP Pty Ltd v Richmond Valley
Council (matter settled 2 September 2013 – did
not proceed to final judgment)
Class 1 Land and Environment Court of
NSW planning merit appeals
Class 4 Land and Environment Court of
NSW judicial review proceedings. Led by
S Duggan SC
Supreme Court of NSW (Equity Division)
civil proceedings. Led by R Newlinds SC
Class 4 Land and Environment Court of
NSW contempt proceedings
Class 1 Land and Environment Court
planning merit appeal
Steve Nolan Constructions Pty Ltd v Ku-ring-gai
Council [2013] NSWLEC 1132
TTD Hotels Pty Ltd v RMS (matter settled 18
June 2013 – did not proceed to final judgment)
Class 1 Land and Environment Court of
NSW planning merit appeal
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by N Eastman
Walker v RMS (matter settled 16 May 2013 – did
not proceed to final judgment)
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by J Maston
Wallaroy Apartments Pty Ltd v Woollahra
Municipal Council [2013] NSWLEC 1086
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by I
Hemmings SC
Wortho v Roads and Maritime Services (matter
settled September 2013 – did not proceed to
final judgment)
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land
14
CASE
NATURE OF CASE
2012
3 Bald Men Pty Ltd v Jubb and Goc (matter
settled March 2012 – did not proceed to final
judgment)
Arbitration proceedings (Tasmania) relating
to building defects and breach of contract
3 Bald Men Pty Ltd v Ocean Grove Pty Limited
(matter settled June 2012 – did not proceed to
final judgment)
Arbitration proceedings (Victoria) relating to
building defects and breach of contract
Aldred & Co Pty Ltd v Valuer General (matter
settled 14 February 2012 – did not proceed to
final judgment)
Class 3 Land and Environment Court
valuation proceedings, led by J Webster
SC
Alegounarias v Williams; Barnes v Williams
[2012] NSWLEC 1052
Class 2 Land and Environment Court of
NSW tree dispute proceedings
Antony Syndicate Pty Ltd v Dengra Investments
Pty Ltd & Ors (matter settled 7 February 2012 –
did not proceed to final judgment)
Supreme Court of NSW freezing order
application and related Local Court of NSW
commercial litigation proceedings, led by M
Painter
Armstrong Alliance v Kogarah City Council
[2012] NSWLEC 1360
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by S
Duggan SC
Bako v Aldred & Anor [2012] NSWLEC 1216
Class 2 Land and Environment Court of
NSW tree dispute proceedings
BISAS (Warners Bay) Pty Ltd v Valuer General
(matter settled 19 December 2012 – did not
proceed to final judgment)
Class 3 Land and Environment Court
valuation proceedings
Bligh v Minister Administering the Environmental
Planning & Assessment Act (No.2) [2012]
NSWLEC 90
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land. Led by S
Duggan SC
Bright v Acrocert Pty Ltd & anor [2012] NSWLEC
173
Class 4 Land and Environment Court of
NSW judicial review proceedings
Buckley and Love v Lake Macquarie City Council
[2012] NSWLEC 1198
Class 1 Land and Environment Court of
NSW planning merit appeal
Canobolas Properties v Erolwren Pty Ltd (matter
settled 2 February 2012 – did not proceed to final
judgment)
Supreme Court of NSW (Equity Division)
civil
proceedings
claiming
specific
performance. Led by P McEwen SC
15
CASE
NATURE OF CASE
2012
Dellara Pty Ltd v Minister for Planning and
Penrith City Council [2012] NSWLEC 1186
Eagle Refrigerated Transport Pty Ltd v Penrith
City Council (matter settled May 2012 – did not
proceed to final judgment)
Fokas v Kogarah RSL Club Ltd & anor (No.2)
[2012] NSWLEC 185
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by S
Duggan SC
Class 1 Land and Environment Court of
NSW planning merit appeal
Class 4 Land and Environment Court of
NSW judicial review proceedings
Fokas v Kogarah RSL Club Ltd & anor [2012]
NSWLEC 136
Class 4 Land and Environment Court of
NSW judicial review proceedings
Gallard-Grant v
NSWLEC 1247
[2012]
Class 1 Land and Environment Court of
NSW planning merit appeal
Hi Quality Quarries Pty Limited v Penrith City
Council (matter settled 17 October 2012 – did
not proceed to final judgment)
Leimroth v Wingecarribee Shire Council [2012]
NSWLEC 256
Class 1 Land and Environment Court of
NSW planning merit appeal
Waverley
Council
MPR Design Group Pty Ltd v Waverley Council
(matter settled 21 February 2012 – did not
proceed to final judgment)
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by S
Duggan SC
Class 1 Land and Environment Court
planning merit appeal
North Sydney Council v ZS Constructions Pty
Limited (unreported, 9 October 2012, Downing
Centre Local Court)
Local Court of NSW summary criminal
proceedings
Peter Dimitri Papas v Warwick Sutton Grave
[2012] NSWSC 1461
Ryde City Council v Ivan Petch [2012] NSWSC
1042
Supreme Court of NSW (Equity Division)
civil proceedings. Led by R Newlinds SC
Supreme Court of NSW (Common Law
Division – Administrative List) civil
proceedings. Led by C Leggat SC
Supreme Court of NSW (Common Law
Division – Administrative List) civil
proceedings. Led by C Leggat SC
Local Court of NSW civil proceedings
Ryde City Council v Petch; ICAC v Ryde City
Council [2012] NSWSC 1246
Smith v Mitchell (matter settled January 2012 –
did not proceed to final judgment)
16
CASE
NATURE OF CASE
2012
Suniary v Pandelis (matter settled October 2012
– did not proceed to final judgment)
Local Court of NSW civil proceedings
Sydney Fast Ferries Pty Limited v RMS & anor
(matter settled March 2012 – did not proceed to
final judgment)
Class 4 Land and Environment Court of
NSW judicial review proceedings. Led by
S Duggan SC
Toal v Parkview Group (Australia) Pty Limited
(unreported, 22 October 2012, Downing Centre
Local Court)
Local Court of NSW civil proceedings
Vassallo v Blacktown City Council (matter settled
January 2012 – did not proceed to final
judgment)
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings
Xiang Rong Investments Pty Ltd v Ku-ring-gai
Council (No.2) [2012] NSWLEC 1089
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by C
McEwen SC
Xiang Rong Investments Pty Ltd v Ku-ring-gai
Council [2012] NSWLEC 1087
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by C
McEwen SC
Ziggy’s Cranes Pty Ltd v Parramatta City Council
(matter settled 8 June 2012 – did not proceed to
final judgment)
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by J Maston
17
CASE
NATURE OF CASE
2011
Abret Pty Limited v Wingecarribee Shire Council
[2011] NSWCA 107
Barry Edward and Thelma June Harrington v
Greenwood Grove Estate Pty Ltd [2011] NSWSC
833
NSW Court of Appeal (appeal from
decision of Land and Environment Court of
NSW in Class 4 judicial review). Led by I
Hemmings SC
Supreme Court of NSW (Equity Division)
proceedings for breach of contract,
estoppel and misleading and deceptive
conduct. Led by P Tomasetti SC
Barry Edward and Thelma June Harrington v
Greenwood Grove Estate Pty Ltd (No.2) [2011]
NSWSC 1598
Supreme Court of NSW (Equity Division).
Led by P Tomasetti SC
Bligh v Minister Administering Environmental
Planning & Assessment Act [2011] NSWLEC
220
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land. Led by S
Duggan SC
Casson v Leichhardt Council [2011] NSWLEC
243
Class 3 Land and Environment Court of
NSW appeal under the Roads Act 1993.
Led by D Murr SC
Cattell & Anor v Riordan & Anor [2011] NSWLEC
1297
Class 2 Land and Environment Court of
NSW tree dispute proceedings
Cessnock City Council v Bimbadgen Estate Pty
Ltd [2011] NSWLEC 136
Class 5 Land and Environment Court of
NSW summary criminal prosecution
Cessnock City Council v Bimbadgen Estate Pty
Ltd (No.2) [2011] NSWLEC 140
Class 5 Land and Environment Court of
NSW summary criminal prosecution
Crows Nest Retail Pty Ltd v Valuer General
(matter settled 4 November 2011 – did not
proceed to final judgment)
Class 3 Land and Environment Court
valuation proceedings
Cumerlong Holdings Pty Limited v Dalcross
Property Pty Limited (2011) 243 CLR 492 (see
also Cumerlong Holdings Pty Ltd v Dalcross
Properties Pty Ltd & Ors [2011] HCATrans 56)
High Court of Australia appeal. Led by P
McEwen SC (and with N Eastman)
Fire Containment Pty Ltd v Robins (No 2) [2011]
NSWSC 547
Supreme Court of NSW (Equity Division)
claim for passing off. Led by M Painter SC
18
CASE
NATURE OF CASE
2011
Fire Containment
NSWSC 533
Robins [2011]
Supreme Court of NSW (Equity Division)
claim for passing off. Led by M Painter SC
Gatt v Penrith City Council (matter settled July
2011 – did not proceed to final judgment)
Grose v Greentree (matter settled February 2011
– did not proceed to final judgment)
Class 1 Land and Environment Court
planning merit appeal
Local Court of NSW civil proceedings
Horvat v Waters (matter settled July 2011 – did
not proceed to final judgment)
Local Court of NSW civil proceedings
Islam v Valiotis (matter settled 21 September
2011 – did not proceed to final judgment)
Local Court of NSW civil proceedings
Janian v Shahbazian (matter settled December
2010 – did not proceed to final judgment)
Supreme Court of NSW (Equity Division)
civil proceedings. Led by M Painter SC
John Williams Neighbourhood Group Inc v
Minister for Planning & Murlan Consulting Pty
Limited [2011] NSWLEC 100
Kedzier v Shaw (matter settled February 2011 –
did not proceed to final judgment)
Class 4 Land and Environment Court of
NSW judicial review proceedings
Liverpool City Council v Main Homes Pty Ltd
[2011] NSWLEC 174
Class 4 Land and Environment Court of
NSW civil enforcement proceedings. Led
by P McEwen SC
Maloney
v
Minister
Administering
the
Environmental Planning & Assessment Act 1979
[2011] NSWLEC 121
Class 3 Land and Environment Court of
NSW proceedings relating to compensation
for compulsory acquisition of land. Led by I
Hemmings SC
McLaughlin v Lenzo (matter settled March 2011
– did not proceed to final judgment)
Supreme Court of NSW (Equity Division) s
66G Conveyancing Act 1919 proceedings
Patel v Cawood (matter settled October 2011 –
did not proceed to final judgment)
Local Court of NSW civil proceedings
Pittwater Council v Minister for Planning [2011]
NSWLEC 162
Class 4 Land and Environment Court of
NSW judicial review proceedings. Led by
S Pritchard
Pty
Ltd
v
Supreme Court of NSW (Common Law
Division) civil proceedings
19
CASE
NATURE OF CASE
2011
Police v Hills (unreported, 29 June 2011, Local Court of NSW criminal proceedings
Blacktown Local Court)
(common assault)
Police v Pohlschneider (unreported, 5 May 2011,
Windsor Local Court)
Local Court of NSW criminal proceedings
(traffic infringement)
Police v Thompson (unreported, 13 July 2011,
Fairfield Local Court)
Local Court of NSW criminal proceedings
(break and enter)
Ralph Lauren 57 Pty Ltd & Ors v Byron Shire
Council (matter settled 2011 – did not proceed to
final judgment)
In the matter of S & S Transport Services Pty Ltd
(unreported, Downing Centre Local Court)
Class 4 Land and Environment Court civil
enforcement proceedings.
Led by S
Duggan SC
Local Court of NSW civil proceedings
Saidi v Gharib (unreported, 23 June 2011,
Downing Centre Local Court)
Local Court of NSW civil proceedings
SE & JD Elliott Enterprises v Eason & RTA
(matter settled August 2011 – did not proceed to
final judgment)
Local Court of NSW civil proceedings
Smith & Hannaford v Chen [2011] NSWLEC 29
Class 2 Land and Environment Court of
NSW tree dispute proceedings; claim for
compensation. Led by M Seymour
Class 4 Land and Environment Court of
NSW judicial review proceedings. Led by
S Duggan SC
South East Forest Rescue Incorporated v Bega
Valley Shire Council and South East Fibre
Exports Pty Ltd [2011] NSWLEC 250
Su and Vumbaca v Minister for Planning (matter
settled December 2011 – did not proceed to final
judgment)
Sydney Nationwide Realty Pty Ltd; IAE EDU
NET Pty Limited v Sydney Metro [2011]
NSWLEC 19
Trevallyn-Jones v Council of the City of Sydney
[2011] NSWLEC 1247
Turnbull v Zhou (unreported, 5 July 2011,
Downing Centre Local Court)
Class 3 Land and Environment Court
compulsory
acquisition
compensation
proceedings. Led by S Duggan SC
Class 3 Land and Environment Court
appeal (application for leave to maintain
proceedings)
Class 1 Land and Environment Court of
NSW planning merit appeal
Local Court of NSW civil proceedings
Vilro Pty Ltd (In Voluntary Liquidation) v Roads
and Traffic Authority of NSW (No 4) [2011]
NSWLEC 81
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land (application
to vary judgment). Led by P Tomasetti SC
20
CASE
NATURE OF CASE
2011
Waverley Council v Crystal Carwash Pty Limited
& 2 Ors [2011] NSWLEC 41
Class 4 Land and Environment Court of
NSW civil enforcement proceedings. Led
by P Larkin SC
White v Parramatta City Council [2011] NSWLEC
1059
Class 1 Land and Environment Court of
NSW planning merit appeal. Led by S
Duggan SC
21
CASE
NATURE OF CASE
2010
Arslan v Arslan (matter settled June 2010 – did
not proceed to final judgment)
Director-General of the Department of Industry
and Investment v Mato Investments Pty Limited
& ors (No. 2) [2010] NSWLEC 196
Jamison Investments Pty Limited v Penrith City
Council [2010] NSWLEC 1194
Supreme Court of NSW (Equity Division)
claim for breach of contract. Led by M
Painter
Class 5 Land and Environment Court of
NSW prosecution (interlocutory application)
Class 1 Land and Environment Court
planning merit appeal. Led by M Fraser
Noonan v Broadcast Australia Pty Limited
(unreported, Ball J)
Supreme Court of NSW (Equity Division)
interlocutory injunction proceedings
O’Brien v Valuer-General (matter settled
December 2010 – did not proceed to final
judgment)
Class 3 Land and Environment Court of
NSW valuation appeal
Opra Architects v Rockdale City Council
(matter settled November 2010 – did not proceed
to final judgment)
Roads and Traffic Authority of NSW v McDonald
[2010] NSWCA 236
Class 1 Land and Environment Court of
NSW planning merit appeal
S J Connelly Pty Limited v Ballina Shire Council
[2010] NSWLEC 167
Class 1 Land and Environment Court
planning merit appeal
SH & KL Herne Pty Limited v Beddoes
(matter settled September 2010 – did not
proceed to final judgment)
Class 3 Land and Environment Court of
NSW appeal under the Encroachment of
Buildings Act 1912
Vilro Pty Ltd (In Voluntary Liquidation) v Roads
and Traffic Authority NSW (No 3) [2010]
NSWLEC 234
Class 3 Land and Environment Court
appeal relating to compensation for
compulsory acquisition of land. Led by P
Tomasetti SC
YIHE (Australia) Pty Ltd v Omaya Investments
Pty Ltd [2010] NSWSC 1211
Claim for imposition of easements under s
88K Conveyancing Act 1919 (motion for
expedition). Led by P McEwen SC
NSW Court of Appeal (appeal from
decision of Land and Environment Court of
NSW in Class 3 relating to compensation
for compulsory acquisition of land). Led by
P Tomasetti SC
22
CASE
NATURE OF CASE
2009
Azzure-Blacktown Pty Limited v Blacktown City
Council [2009] NSWLEC 63
Class 1 Land and Environment Court of
NSW appeal (motion for joinder)
Ballina Waterways Pty Limited v Roads and
Traffic Authority of New South Wales [2009]
NSWLEC 96
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land (as
instructing solicitor to J Maston)
BMP Manufacturing Pty Limited & ors v Roads
and Traffic Authority of NSW (No. 2) [2009]
NSWLEC 41
Class 3 Land and Environment Court of
NSW
costs
judgment
relating
to
compensation for compulsory acquisition of
land (as instructing solicitor to J Maston)
Halloran & ors v Minister Administering the
National Parks and Wildlife Act 1974
(matter settled – did not proceed to final
judgment)
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land; appeal to
Court of Appeal (as instructing solicitor to J
Robson SC and C Ireland)
New South Wales Aboriginal Land Council v
Minister Administering the Crown Lands Act &
Parkes Shire Council
(matter settled – did not proceed to final
judgment)
Class 3 and Class 4 Land and Environment
Court of NSW proceedings relating to
matters arising under the Aboriginal Land
Rights Act 1983 (as instructing solicitor to
M Leeming SC)
23
CASE
NATURE OF CASE
2008
BMP Manufacturing Pty Limited & ors v Roads
and Traffic Authority of NSW [2008] NSWLEC
298
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land (as
instructing solicitor to J Maston)
Environment Protection Authority v MSM Milling
Pty Limited (unreported, Orange Local Court)
Local Court of NSW criminal proceedings
(as instructing solicitor to C Ireland)
Mitchell & Beresfield Spares Pty Limited v Roads
and Traffic Authority of NSW [2008] NSWLEC
258
Class 3 Land and Environment Court of
NSW appeal relating to compensation for
compulsory acquisition of land (as
instructing solicitor to J Maston)