Toplace Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 121

Toplace Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 121

Joinder of Hifu Investment Pty Ltd and The Warehouse Pty Ltd was proper and necessary under r 6.24 Uniform Civil Procedure Rules 2005 because Toplace's modification application would directly and adversely affect their planning obligations and liabilities under the Voluntary Planning Agreement, and both entities indicated the wish to participate; section 8.15(2) Environmental Planning and Assessment Act 1979 did not provide the proper avenue for joinder in these circumstances.

Jurisdiction
Australia
Judgment Date
25 August 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Modification Application / Joinder Application and Orders
Outcome
Joinder of Hifu Investment Pty Ltd and The Warehouse Pty Ltd as respondents to the proceedings ordered; costs reserved; exhibits returned; matter referred to mediation to be agreed between parties or failing that, by Commissioner.
Legal Topics
['joinder of Parties' 'modification of Development Consent' 'mediation in Planning Disputes']
['procedure' 'planning Law'] ['joinder of Parties' 'modification of Development Consent' 'mediation in Planning Disputes']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Modification Application / Joinder Application and Orders

Legal Issues

  1. 1 ['Whether joinder of Hifu Investment Pty Ltd and The Warehouse Pty Ltd as respondents is proper and necessary' 'Whether joinder should be granted under s 8.15(2) Environmental Planning and Assessment Act 1979 or r 6.24 Uniform Civil Procedure Rules 2005' 'Whether mediation should be ordered']

Ratio Decidendi

Joinder of Hifu Investment Pty Ltd and The Warehouse Pty Ltd was proper and necessary under r 6.24 Uniform Civil Procedure Rules 2005 because Toplace's modification application would directly and adversely affect their planning obligations and liabilities under the Voluntary Planning Agreement, and both entities indicated the wish to participate; section 8.15(2) Environmental Planning and Assessment Act 1979 did not provide the proper avenue for joinder in these circumstances.

Court Disposition

Joinder of Hifu Investment Pty Ltd and The Warehouse Pty Ltd as respondents to the proceedings ordered; costs reserved; exhibits returned; matter referred to mediation to be agreed between parties or failing that, by Commissioner.

Orders

  • ['Pursuant to r 6.24 of the Uniform Civil Procedure Rules 2005, Hifu Investment Pty Ltd is joined as the Third Respondent to these proceedings.' 'Pursuant to r 6.24 of the Uniform Civil Procedure Rules 2005, The Warehouse Pty Ltd is joined as the Fourth Respondent to these proceedings.' 'Costs are reserved.' 'The...