Meriton Apartments Pty Limited v Fairfield City Council & Anor [No 2] [2005] NSWLEC 121

Meriton Apartments Pty Limited v Fairfield City Council & Anor [No 2] [2005] NSWLEC 121

RALE's interests as residents are sufficiently distinct from the Council's and it is in the interests of justice that RALE be joined as a party to the proceedings, enabling it to participate fully in presenting social impact issues. Joinder is not warranted under s 39A(a) but is warranted under subsections (b) and (c).

Parties
Applicant: Meriton Apartments Pty Limited; First Respondent: Fairfield City Council; Second Respondent: Residents Against Lansdowne Eviction Incorporated
Jurisdiction
Australia
Judgment Date
21 March 2005
Procedural Posture
Notice of Motion for Joinder / Interlocutory
Outcome
Residents Against Lansdowne Eviction Incorporated joined as a party as Second Respondent; no order as to costs.
Legal Topics
Joinder of Parties, Practice and Procedure, Interests of Justice, Social Impact Evidence
Planning Law Administrative Law Joinder of Parties Practice and Procedure Interests of Justice Social Impact Evidence

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Parties

Meriton Apartments Pty Limited

Applicant

Fairfield City Council

First Respondent

Residents Against Lansdowne Eviction Incorporated

Second Respondent

Procedural Posture

Notice of Motion for Joinder / Interlocutory

Legal Issues

  1. 1 Whether Residents Against Lansdowne Eviction Incorporated should be joined as a party under s 39A of the Land and Environment Court Act 1979.

Ratio Decidendi

RALE's interests as residents are sufficiently distinct from the Council's and it is in the interests of justice that RALE be joined as a party to the proceedings, enabling it to participate fully in presenting social impact issues. Joinder is not warranted under s 39A(a) but is warranted under subsections (b) and (c).

Court Disposition

Residents Against Lansdowne Eviction Incorporated joined as a party as Second Respondent; no order as to costs.

Orders

  • That Residents Against Lansdowne Eviction Incorporated be joined as a party to the proceedings as the Second Respondent.
  • No order as to costs.