Australia, March 20 -- New South Wales Land and Environment Court issued text of the following judgement Feb. 20:
1. WARD P: By summons filed on 10 September 2024, Litigation Fund WCX Pty Ltd (Litigation Fund) seeks judicial review of a decision made in the District Court of New South Wales by Abadee DCJ (Homebuilding Pty Ltd v Cappello (No 3) [2024] NSWDC 407) (the primary judgment). In oral submissions, Litigation Fund made clear that it challenges two orders made by his Honour: Order 3, in effect, dismissing its claim that assets and property owned by the first defendant/respondent, Homebuilding Pty Ltd (Homebuilding), are the subject of a charge in its favour; and Order 5, ordering it to pay, on the indemnity basis, the costs of the NS...