CMT Architects Australia Pty Ltd v Waverley Council [2019] NSWLEC 1001

CMT Architects Australia Pty Ltd v Waverley Council [2019] NSWLEC 1001

Fincob was not joined because its proposed contentions concerning development potential and the right of carriageway were already before the Court through the Council's materials and were capable of being sufficiently addressed without joinder. The authorities relied on did not justify joinder: Al Maha was distinguishable because this case involved an existing easement, and Quakers Hill did not overcome the fact that the relevant safety and carriageway issues had been raised before Council and would be before the Court. Fincob had already had adequate opportunity to raise its concerns, which were canvassed in the assessment process and incorporated broadly into the Council's contentions,...

Jurisdiction
Australia
Judgment Date
09 January 2019
Procedural Posture
Class 1 Proceedings; Application for Joinder / Notice of Motion Filed 23 November 2018 and Heard on 11 December 2018
Outcome
The Notice of Motion is dismissed.
Legal Topics
['joinder' 'development Appeal' 'right of Carriageway' 'development Potential' 'section 34 Conciliation Conference']
['planning and Environment Law' 'civil Procedure'] ['joinder' 'development Appeal' 'right of Carriageway' 'development Potential' 'section 34 Conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Proceedings; Application for Joinder / Notice of Motion Filed 23 November 2018 and Heard on 11 December 2018

Legal Issues

  1. 1 ['Whether Fincob (Oxford Street) Pty Ltd should be joined as a respondent to the Class 1 proceedings under s 8.15(2) of the Environmental Planning and Assessment Act 1979.' 'Whether Fincob was able to raise issues that should be considered in the appeal and would not likely be sufficiently addressed if it were not joined.' 'Whether joinder of Fincob was in the interests of justice or in the public interest.']

Ratio Decidendi

Fincob was not joined because its proposed contentions concerning development potential and the right of carriageway were already before the Court through the Council's materials and were capable of being sufficiently addressed without joinder. The authorities relied on did not justify joinder: Al Maha was distinguishable because this case involved an existing easement, and Quakers Hill did not overcome the fact that the relevant safety and carriageway issues had been raised before Council and would be before the Court. Fincob had already had adequate opportunity to raise its concerns, which were canvassed in the assessment process and incorporated broadly into the Council's contentions,...

Court Disposition

The Notice of Motion is dismissed.

Orders

  • ['The orders of the Court are that the Notice of Motion is dismissed.']