Yarranabbe Property Pty Ltd v Woollahra Municipal Council (No 2) [2020] NSWLEC 151

Yarranabbe Property Pty Ltd v Woollahra Municipal Council (No 2) [2020] NSWLEC 151

The second joinder application by the Intervenors constitutes an abuse of process since no material change in circumstances or new evidence was demonstrated. The issues the Intervenors sought to raise had already been sufficiently raised and addressed through previous evidence, submissions, and site viewings such that joinder was not warranted under s 8.15(2).

Jurisdiction
Australia
Judgment Date
27 October 2020
Procedural Posture
Class 1 / Joinder Application (second Application by Same Intervenors)
Outcome
Joinder application dismissed as abuse of process
Legal Topics
['joinder of Parties' 'abuse of Process' 'section 8.15(2) Environmental Planning and Assessment Act 1979']
['civil Procedure' 'planning and Environment'] ['joinder of Parties' 'abuse of Process' 'section 8.15(2) Environmental Planning and Assessment Act 1979']

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Procedural Posture

Class 1 / Joinder Application (second Application by Same Intervenors)

Legal Issues

  1. 1 ['Whether the second joinder application by the intervenors constitutes an abuse of process' 'Whether there was a material change in circumstances or new evidence to justify joinder under s 8.15(2) Environmental Planning and Assessment Act 1979' 'Whether the issues raised by the intervenors would not be sufficiently addressed if they were not joined']

Ratio Decidendi

The second joinder application by the Intervenors constitutes an abuse of process since no material change in circumstances or new evidence was demonstrated. The issues the Intervenors sought to raise had already been sufficiently raised and addressed through previous evidence, submissions, and site viewings such that joinder was not warranted under s 8.15(2).

Court Disposition

Joinder application dismissed as abuse of process

Orders

  • ['The Notice of Motion filed on 15 September 2020 is dismissed.' 'The exhibits are returned.' 'The costs of the hearing of the Notice of Motion are reserved. Any application for costs to be made within 14 days from the date of judgment.']