Harvey v Manly Council [2015] NSWLEC 131

Harvey v Manly Council [2015] NSWLEC 131

Karen Belcher should be joined as her interests and the stricter setback outcome she seeks cannot be adequately addressed without joinder under s 39A(a) of the Court Act, and no delay or disadvantage will result for existing parties.

Jurisdiction
Australia
Judgment Date
16 July 2015
Procedural Posture
Joinder Application in Planning Appeal (class 1) / Interlocutory (joinder Application Determined)
Outcome
Joinder granted; Karen Belcher ordered to be joined as Second Respondent.
Legal Topics
['joinder of Parties' 'setbacks' 'development Control Plans']
['planning Law' 'environmental Law' 'civil Procedure'] ['joinder of Parties' 'setbacks' 'development Control Plans']

Case Brief

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Procedural Posture

Joinder Application in Planning Appeal (class 1) / Interlocutory (joinder Application Determined)

Legal Issues

  1. 1 ['Whether Karen Belcher should be joined as a party under s 39A of the Land and Environment Court Act 1979']

Ratio Decidendi

Karen Belcher should be joined as her interests and the stricter setback outcome she seeks cannot be adequately addressed without joinder under s 39A(a) of the Court Act, and no delay or disadvantage will result for existing parties.

Court Disposition

Joinder granted; Karen Belcher ordered to be joined as Second Respondent.

Orders

  • ['Karen Belcher is joined as Second Respondent to Matter 10461 of 2015.' 'Directions as per Short Minutes of Order dated 16 July 2015 applied.']