Campbell Taylor v Council of the Municipality of Woollahra (No 2) [2022] NSWLEC 106

Campbell Taylor v Council of the Municipality of Woollahra (No 2) [2022] NSWLEC 106

The issues raised by the Intervenors were already fully ventilated through the hearing process, including written evidence, expert reports, and submissions; none of the six factors identified warrant joinder as they either have been addressed or are not matters for the Commissioner. The legislative requirements for joinder under s 8.15(2) are not satisfied.

Parties
Intervenor (first Applicant on the Notice of Motion): Julie-Anne McMillan; Intervenor (second Applicant on the Notice of Motion): Frances Ezra; Intervenor (third Applicant on the Notice of Motion): Jack Ezra; Intervenor (fourth Applicant on the Notice of Motion): Michael Hammond; Intervenor (fifth Applicant on the Notice of Motion): Lisa Stephens; Respondent (first Respondent on the Notice of Motion): Council of the Municipality of Woollahra; Applicant (second Respondent on the Notice of Motion): Campbell Taylor
Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Class 1 Appeal / Notice of Motion for Joinder
Outcome
Application for joinder dismissed
Legal Topics
Joinder of Parties, Development Consent, Intervenors, Community Consultation
Civil Procedure Planning and Environment Joinder of Parties Development Consent Intervenors Community Consultation

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Parties

Julie-Anne McMillan

Intervenor (first Applicant on the Notice of Motion)

Frances Ezra

Intervenor (second Applicant on the Notice of Motion)

Jack Ezra

Intervenor (third Applicant on the Notice of Motion)

Michael Hammond

Intervenor (fourth Applicant on the Notice of Motion)

Lisa Stephens

Intervenor (fifth Applicant on the Notice of Motion)

Council of the Municipality of Woollahra

Respondent (first Respondent on the Notice of Motion)

Campbell Taylor

Applicant (second Respondent on the Notice of Motion)

Procedural Posture

Class 1 Appeal / Notice of Motion for Joinder

Legal Issues

  1. 1 Whether Intervenors should be joined pursuant to s 8.15(2) Environmental Planning and Assessment Act 1979
  2. 2 Whether issues raised by Intervenors would be sufficiently addressed absent joinder
  3. 3 Whether the interests of justice or public interest warrant joinder

Ratio Decidendi

The issues raised by the Intervenors were already fully ventilated through the hearing process, including written evidence, expert reports, and submissions; none of the six factors identified warrant joinder as they either have been addressed or are not matters for the Commissioner. The legislative requirements for joinder under s 8.15(2) are not satisfied.

Court Disposition

Application for joinder dismissed

Orders

  • The Notice of Motion is dismissed.
  • The s 34AA conciliation conference be relisted before the Commissioner at 4.15pm on 9 August 2022.