Enzo Developments Pty Ltd v Kiama Municipal Council [2024] NSWLEC 1559

Enzo Developments Pty Ltd v Kiama Municipal Council [2024] NSWLEC 1559

The McElhones’ proposed issues either constitute jurisdictional matters or are raised in submissions that will be sufficiently addressed by the Court hearing the appeal; neither s 8.15(2) of the Environmental Planning and Assessment Act 1979 nor r 6.24(1) of the Uniform Civil Procedure Rules 2005 are satisfied; joinder is neither required for the interests of justice nor public interest, as the McElhones have and will have meaningful opportunities to make submissions and have their objections considered.

Parties
Applicant: Enzo Developments Pty Ltd; Applicants on the Motion: David McElhone and Melissa McElhone; Respondent: Kiama Municipal Council
Jurisdiction
Australia
Judgment Date
10 September 2024
Procedural Posture
Class 1 Merit Appeal / Interlocutory Application (joinder – Motion Dismissed)
Outcome
Notice of Motion for joinder dismissed
Legal Topics
Joinder of Parties, Notice of Motion, Jurisdictional Issues in Development Appeals, Objector Participation, Environmental Planning Instruments
Planning and Environment Law Civil Procedure Joinder of Parties Notice of Motion Jurisdictional Issues in Development Appeals Objector Participation Environmental Planning Instruments

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Parties

Enzo Developments Pty Ltd

Applicant

David McElhone and Melissa McElhone

Applicants on the Motion

Kiama Municipal Council

Respondent

Procedural Posture

Class 1 Merit Appeal / Interlocutory Application (joinder – Motion Dismissed)

Legal Issues

  1. 1 Whether the McElhones should be joined as parties under s 8.15(2) of the Environmental Planning and Assessment Act 1979 or r 6.24(1) of the Uniform Civil Procedure Rules 2005
  2. 2 Whether the issues raised by the McElhones would not be sufficiently addressed unless they are joined
  3. 3 Whether it is in the interests of justice or public interest for the McElhones to be joined

Ratio Decidendi

The McElhones’ proposed issues either constitute jurisdictional matters or are raised in submissions that will be sufficiently addressed by the Court hearing the appeal; neither s 8.15(2) of the Environmental Planning and Assessment Act 1979 nor r 6.24(1) of the Uniform Civil Procedure Rules 2005 are satisfied; joinder is neither required for the interests of justice nor public interest, as the McElhones have and will have meaningful opportunities to make submissions and have their objections considered.

Court Disposition

Notice of Motion for joinder dismissed

Orders

  • The Notice of Motion filed 12 August 2024 is dismissed.