PS Design and Construction Pty Ltd v Wingecarribee Shire Council [2020] NSWLEC 1290

PS Design and Construction Pty Ltd v Wingecarribee Shire Council [2020] NSWLEC 1290

Although the issues proposed to be raised by the Applicant for Joinder were similar to those raised by the Council, the interests of the Executors of the Estate of Mr Fairfax were sufficiently different to those of the Council that it was in the interests of justice to join them, and the Court exercised its discretion to order joinder.

Jurisdiction
Australia
Judgment Date
11 June 2020
Procedural Posture
Class 1 Proceedings / Motion for Joinder
Outcome
Motion granted; the Executors of the Estate of the late James Oswald Fairfax AC were joined as the second respondents to the proceedings.
Legal Topics
['joinder' 'interests of Justice' 'public Interest' 'class 1 Appeal']
['environmental Planning and Assessment' 'civil Procedure'] ['joinder' 'interests of Justice' 'public Interest' 'class 1 Appeal']

Case Brief

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Procedural Posture

Class 1 Proceedings / Motion for Joinder

Legal Issues

  1. 1 ['Whether the Applicant for Joinder should be joined to the proceedings under s 8.15(2) of the Environmental Planning and Assessment Act 1979.' 'Whether it was in the interests of justice to join the Executors of the Estate of Mr Fairfax as parties to the proceedings.']

Ratio Decidendi

Although the issues proposed to be raised by the Applicant for Joinder were similar to those raised by the Council, the interests of the Executors of the Estate of Mr Fairfax were sufficiently different to those of the Council that it was in the interests of justice to join them, and the Court exercised its discretion to order joinder.

Court Disposition

Motion granted; the Executors of the Estate of the late James Oswald Fairfax AC were joined as the second respondents to the proceedings.

Orders

  • ['The Motion is granted.' 'Mr Allen Robinson and Mr Edward Executors of the Estate of the late James Oswald Fairfax AC are joined as the second respondents to these proceedings.']