Spencer v Kiama Municipal Council [2024] NSWLEC 80

Spencer v Kiama Municipal Council [2024] NSWLEC 80

Joinder was refused because Mr Joseph’s concerns were already before the Court via Council’s contentions, he was not a person necessary for the complete determination of the issues under either s 8.15(2) EPA Act or r 6.24 UCPR, and no distinct interest or matter would otherwise go unaddressed. The request for separate determination of permissibility and vacation of conciliation were refused as inconsistent with the just, quick and cheap resolution of all issues at once.

Jurisdiction
Australia
Judgment Date
01 August 2024
Procedural Posture
Class 1 Appeal (development Application Refusal) / Procedural Motion for Joinder and Separate Determination
Outcome
Notice of Motion dismissed. Joinder, separate determination, and variation of conciliation timetable all refused.
Legal Topics
['joinder of Parties' 'separate Determination of Questions' 'development Application Appeals' 'standing of Objectors' 'conciliation in Planning Matters']
['civil Procedure' 'environmental Law' 'planning Law'] ['joinder of Parties' 'separate Determination of Questions' 'development Application Appeals' 'standing of Objectors' 'conciliation in Planning Matters']

Case Brief

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Procedural Posture

Class 1 Appeal (development Application Refusal) / Procedural Motion for Joinder and Separate Determination

Legal Issues

  1. 1 ['Whether Mr Joseph should be joined as a party to Class 1 proceedings under s 8.15(2) of the Environmental Planning and Assessment Act 1979 (NSW) and/or r 6.24 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Whether the issue of permissibility of the development should be determined separately under r 28.2 of the UCPR' 'Whether the conciliation hearing should be vacated']

Ratio Decidendi

Joinder was refused because Mr Joseph’s concerns were already before the Court via Council’s contentions, he was not a person necessary for the complete determination of the issues under either s 8.15(2) EPA Act or r 6.24 UCPR, and no distinct interest or matter would otherwise go unaddressed. The request for separate determination of permissibility and vacation of conciliation were refused as inconsistent with the just, quick and cheap resolution of all issues at once.

Court Disposition

Notice of Motion dismissed. Joinder, separate determination, and variation of conciliation timetable all refused.

Orders

  • ['The Notice of Motion filed by Mr Michael Joseph on 22 July 2024 is dismissed.']