Kennedy v Stockland Developments Pty Ltd (No 2) [2011] NSWLEC 186

Kennedy v Stockland Developments Pty Ltd (No 2) [2011] NSWLEC 186

As there is no evidence of any positive acts by ARV relevant to the subject works, ARV cannot be joined as a respondent, and mere ownership or omission is insufficient for liability under the EPA Act or NPW Act.

Parties
Applicant: Roy "Dootch" Kennedy; Respondent: Stockland Developments Pty Ltd; Proposed Second Respondent: Anglican Retirement Villages
Jurisdiction
Australia
Judgment Date
01 November 2011
Procedural Posture
Class 4 Proceeding / Ruling on Joinder and Interlocutory Motions
Outcome
Motion to join second respondent dismissed; refusal of interim injunction affirmed.
Legal Topics
Joinder of Parties, Interim Injunctions, Procedural Orders
Environmental Law Planning Law Joinder of Parties Interim Injunctions Procedural Orders

Case Brief

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Parties

Roy "Dootch" Kennedy

Applicant

Stockland Developments Pty Ltd

Respondent

Anglican Retirement Villages

Proposed Second Respondent

Procedural Posture

Class 4 Proceeding / Ruling on Joinder and Interlocutory Motions

Legal Issues

  1. 1 Whether Anglican Retirement Villages should be joined as a respondent
  2. 2 Whether interim injunction should be granted

Ratio Decidendi

As there is no evidence of any positive acts by ARV relevant to the subject works, ARV cannot be joined as a respondent, and mere ownership or omission is insufficient for liability under the EPA Act or NPW Act.

Court Disposition

Motion to join second respondent dismissed; refusal of interim injunction affirmed.

Orders

  • Motion to join a second respondent dismissed.
  • Applicant to pay ARV's costs on the joinder motion.