Captive Vision Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1331

Captive Vision Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1331

RMS should be joined as a necessary party to the proceedings under r 6.24 of the Uniform Civil Procedure Rules 2005, as its statutory concurrence is central to determining the matters in dispute in the Class 1 appeal regarding a construction certificate dependent on s 138 Roads Act approval.

Source-derived case information.

Parties
Applicant: Captive Vision Pty Ltd; Respondent: Ku-ring-gai Council; Second Respondent: Roads and Maritime Services
Jurisdiction
Australia
Judgment Date
15 July 2019
Procedural Posture
Class 1 Appeal / Notice of Motion for Joinder
Legal Topics
Joinder of Parties, Crown Right to Appear, Construction Certificate Appeal
Administrative Law Planning and Environment Law Civil Procedure Joinder of Parties Crown Right to Appear Construction Certificate Appeal

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Parties

Captive Vision Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Roads and Maritime Services

Second Respondent

Procedural Posture

Class 1 Appeal / Notice of Motion for Joinder

Legal Issues

  1. 1 Whether Roads and Maritime Services should be joined as a party to Class 1 proceedings
  2. 2 Scope of the Crown’s right to appear/intervene under s 64(1) Land and Environment Court Act 1979
  3. 3 Appropriate basis for joinder under Uniform Civil Procedure Rules 2005 r 6.24

Ratio Decidendi

RMS should be joined as a necessary party to the proceedings under r 6.24 of the Uniform Civil Procedure Rules 2005, as its statutory concurrence is central to determining the matters in dispute in the Class 1 appeal regarding a construction certificate dependent on s 138 Roads Act approval.