Clarke v Inner West Council [2020] NSWLEC 1269

Clarke v Inner West Council [2020] NSWLEC 1269

Mr Cummins did not satisfy the statutory test for joinder under s 8.15(2) because the issues he would raise are already adequately before the Court and he has had adequate opportunity to make submissions; thus, joinder is neither in the interests of justice nor public interest.

Jurisdiction
Australia
Judgment Date
09 June 2020
Procedural Posture
Class 1 Application for Joinder / Motion for Joinder Determination
Outcome
Joinder application dismissed; costs awarded to Applicant
Legal Topics
['joinder of Parties' 'statutory Interpretation of Ep&a Act S 8.15(2)' 'costs Applications']
['planning and Environment Law' 'civil Procedure'] ['joinder of Parties' 'statutory Interpretation of Ep&a Act S 8.15(2)' 'costs Applications']

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Procedural Posture

Class 1 Application for Joinder / Motion for Joinder Determination

Legal Issues

  1. 1 ['Whether Applicant for Joinder meets statutory test for joinder under s 8.15(2) Environmental Planning and Assessment Act 1979' 'Whether it is in the interests of justice or public interest to join Applicant for Joinder as a party' 'Entitlement to costs under r 3.7 Land and Environment Court Rules 2007']

Ratio Decidendi

Mr Cummins did not satisfy the statutory test for joinder under s 8.15(2) because the issues he would raise are already adequately before the Court and he has had adequate opportunity to make submissions; thus, joinder is neither in the interests of justice nor public interest.

Court Disposition

Joinder application dismissed; costs awarded to Applicant

Orders

  • ['The motion is dismissed.' "The Applicant for Joinder is to pay the Applicant's costs of today's appearance."]