Manderrah Pty Ltd v Woollahra Municipal Council (No 2) [2013] NSWLEC 115

Manderrah Pty Ltd v Woollahra Municipal Council (No 2) [2013] NSWLEC 115

Contentions in Mr Edmonds' Statement of Contentions that exceeded the issues of traffic and groundwater (the basis for his joinder) should be struck out as it would be unjust and contrary to case management objectives to allow broader participation beyond the scope on which joinder was granted.

Parties
Applicant: Manderrah Pty Ltd; First Respondent: Woollahra Municipal Council; Second Respondent: Mr Giles Edmonds
Jurisdiction
Australia
Judgment Date
19 July 2013
Procedural Posture
Interlocutory Application / Application to Strike Out Contentions in Class 1 Proceedings
Outcome
Contentions 1, 2 and 5 of the Second Respondent's Statement of Contentions struck out.
Legal Topics
Joinder of Parties, Striking Out Pleadings/contentions, Case Management, Rights of Third Party Participants in Planning Appeals
Civil Procedure Planning and Environment Law Joinder of Parties Striking Out Pleadings/contentions Case Management Rights of Third Party Participants in Planning Appeals

Case Brief

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Parties

Manderrah Pty Ltd

Applicant

Woollahra Municipal Council

First Respondent

Mr Giles Edmonds

Second Respondent

Procedural Posture

Interlocutory Application / Application to Strike Out Contentions in Class 1 Proceedings

Legal Issues

  1. 1 Whether contentions in a joined party's Statement of Contentions should be struck out where they exceed the issues on which joinder was granted
  2. 2 Scope of participation of joined parties under s 39A of the Land and Environment Court Act 1979

Ratio Decidendi

Contentions in Mr Edmonds' Statement of Contentions that exceeded the issues of traffic and groundwater (the basis for his joinder) should be struck out as it would be unjust and contrary to case management objectives to allow broader participation beyond the scope on which joinder was granted.

Court Disposition

Contentions 1, 2 and 5 of the Second Respondent's Statement of Contentions struck out.

Orders

  • Contentions 1, 2 and 5 of the Second Respondent's Statement of Contentions filed 24 June 2013 are struck out.