Smith & Anor v Wollondilly Shire Council & Sydney Catchment Authority [2004] NSWLEC 194

Sydney Catchment Authority is entitled to intervene as of right under s 64(1) as it represents the Crown; any prejudice can be managed by procedural directions, including timely filing of evidence.

Jurisdiction: Australia
Judgment Date: 07 April 2004
Procedural Posture: Development Appeal / Interlocutory Motion for Intervention
Outcome: Orders 1 and 4 of the notice of motion made; intervention by the Authority permitted with directions for evidence.
Legal Topics: ['intervention of Statutory Authority' 'crown Party Rights' 'costs in Class 1 Proceedings']

['procedural Law' 'administrative Law'] ['intervention of Statutory Authority' 'crown Party Rights' 'costs in Class 1 Proceedings']

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Procedural Posture

Development Appeal / Interlocutory Motion for Intervention

Legal Issues

1 ['Whether the Sydney Catchment Authority, as a statutory body representing the Crown, can intervene in the proceedings as of right under s 64(1) of the Land and Environment Court Act 1979 (NSW)' "Whether the applicants would be prejudiced by the Authority's intervention at a late stage" 'Appropriate directions for evidence and costs']

Ratio Decidendi

Sydney Catchment Authority is entitled to intervene as of right under s 64(1) as it represents the Crown; any prejudice can be managed by procedural directions, including timely filing of evidence.

Court Disposition

Orders 1 and 4 of the notice of motion made; intervention by the Authority permitted with directions for evidence.

Orders

['Order 1 in the motion is made, allowing the Authority to intervene.' 'Order 4 in the motion is made, requiring the Authority to file any statement of evidence by close of business on 8 April 2004.']