CSR Ltd v Fairfield City Council and Anor [2001] NSWLEC 118

CSR Ltd v Fairfield City Council and Anor [2001] NSWLEC 118

Jacfin was properly and necessarily joined as a party as it has a direct interest in the dispute arising from its role in the original proceedings and the imposition of conditions benefiting it, and its merit issues are relevant planning considerations in the Court's discretion under s 95A(2). Both notices of motion to remove Jacfin and to strike out merit issues are dismissed.

Jurisdiction
Australia
Judgment Date
08 June 2001
Procedural Posture
Class 1 Proceedings (land and Environment Court Appeal) / Notices of Motion to Remove Party (joinder) and Strike Out Merit Issues
Outcome
Notices of motion (removal of Jacfin and striking out merit issues) dismissed.
Legal Topics
['joinder of Parties' 'removal of Party' 'striking Out Merit Issues']
['practice and Procedure' 'planning and Environment Law'] ['joinder of Parties' 'removal of Party' 'striking Out Merit Issues']

Case Brief

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Procedural Posture

Class 1 Proceedings (land and Environment Court Appeal) / Notices of Motion to Remove Party (joinder) and Strike Out Merit Issues

Legal Issues

  1. 1 ['Whether the joinder of Jacfin Pty Ltd as a party was necessary and proper under pt 8 r 8(1)(b) of the Supreme Court Rules 1970' 'Whether the merit issues raised by Jacfin should be struck out as irrelevant to the s 95A application']

Ratio Decidendi

Jacfin was properly and necessarily joined as a party as it has a direct interest in the dispute arising from its role in the original proceedings and the imposition of conditions benefiting it, and its merit issues are relevant planning considerations in the Court's discretion under s 95A(2). Both notices of motion to remove Jacfin and to strike out merit issues are dismissed.

Court Disposition

Notices of motion (removal of Jacfin and striking out merit issues) dismissed.

Orders

  • ['The two notices of motion seeking cessation of joinder of the second respondent and striking out of merit issues are dismissed.' 'The notice of motion seeking setting aside of the subpoena is dismissed.' 'The exhibits may be returned.' 'No order as to costs.']