Carlysle-Sainty v Coffs Harbour City Council [2015] NSWLEC 37

Carlysle-Sainty v Coffs Harbour City Council [2015] NSWLEC 37

Mr Klewer was entitled to withdraw his motion to be joined as a party without leave, as the motion did not constitute substantive proceedings seeking relief. With the withdrawal, the remaining motions of the Council and the Carlysle-Saintys were rendered otiose and were dismissed. The question of costs is reserved...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application / Interlocutory Motions Regarding Joinder and Costs
Outcome
Motions withdrawn or dismissed, costs reserved as specified
Legal Topics
['joinder of Parties' 'development Consent Modification' 'costs Reservation']
['practice and Procedure' 'planning and Environment'] ['joinder of Parties' 'development Consent Modification' 'costs Reservation']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application / Interlocutory Motions Regarding Joinder and Costs

Legal Issues

  1. 1 ['Whether Mr Klewer should be granted leave to be joined as a party to the appeal' "Whether the applicants' and respondent's motions to dismiss the joinder motion should be granted" 'Appropriateness of reserving costs']

Ratio Decidendi

Mr Klewer was entitled to withdraw his motion to be joined as a party without leave, as the motion did not constitute substantive proceedings seeking relief. With the withdrawal, the remaining motions of the Council and the Carlysle-Saintys were rendered otiose and were dismissed. The question of costs is reserved on the basis that costs applications may only be made if Mr Klewer applies again to be joined as a party in these appeal proceedings, which all parties agreed was appropriate.

Court Disposition

Motions withdrawn or dismissed, costs reserved as specified

Orders

  • ['Note that Mr Klewer withdraws his motion filed on 30 December 2014 to be joined as a party to the proceedings.' 'Dismiss the motion of Coffs Harbour City Council filed on 22 January 2015.' 'Dismiss the motion of Ross Carlysle-Sainty and Eve Carlysle-Sainty filed on 29 January 2015.' 'Reserve the question of the...