Ozone Cronulla Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1078

Ozone Cronulla Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1078

Mr Brien's contentions regarding view loss are already before the Court and sufficiently addressed by the existing parties, and he has had multiple opportunities to be heard; therefore, neither the statutory tests nor the interests of justice or public interest warrant his joinder or separate participation.

Jurisdiction
Australia
Judgment Date
25 February 2019
Procedural Posture
Class 1 / Notice of Motion for Joinder Determination
Outcome
Notice of Motion dismissed
Legal Topics
['joinder of Parties' 'development Application Refusal' 'view Loss Contention']
['planning and Environment Law' 'civil Procedure'] ['joinder of Parties' 'development Application Refusal' 'view Loss Contention']

Case Brief

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Procedural Posture

Class 1 / Notice of Motion for Joinder Determination

Legal Issues

  1. 1 ['Whether Mr Brien should be joined as a party under s 8.15(2) of the Environmental Planning and Assessment Act 1979' 'Whether joinder is in the interests of justice or public interest' 'Whether to allow participation under s 38(2) of the Land and Environment Court Act 1979']

Ratio Decidendi

Mr Brien's contentions regarding view loss are already before the Court and sufficiently addressed by the existing parties, and he has had multiple opportunities to be heard; therefore, neither the statutory tests nor the interests of justice or public interest warrant his joinder or separate participation.

Court Disposition

Notice of Motion dismissed

Orders

  • ['The Notice of Motion is dismissed.']