Shellharbour City Council v Dunmore Equestrian Centre Pty Ltd & Another [2008] NSWLEC 163

Shellharbour City Council v Dunmore Equestrian Centre Pty Ltd & Another [2008] NSWLEC 163

Joinder of DLM Certification Pty Limited is both proper and necessary as the validity of the construction certificate is a substantive issue in the proceedings and its author must be present to enable determination of the rights of all parties.

Jurisdiction
Australia
Judgment Date
02 May 2008
Procedural Posture
Class 4 Application / Interlocutory Motion for Joinder of Party
Outcome
Application for joinder of DLM Certification Pty Limited granted
Legal Topics
['joinder of Parties' 'validity of Construction Certificates' 'breach of Development Consent' 'environmental Planning and Assessment Regulation 2000']
['practice and Procedure' 'planning and Environment'] ['joinder of Parties' 'validity of Construction Certificates' 'breach of Development Consent' 'environmental Planning and Assessment Regulation 2000']

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Procedural Posture

Class 4 Application / Interlocutory Motion for Joinder of Party

Legal Issues

  1. 1 ['Whether DLM Certification Pty Limited should be joined as a party' 'Validity of February 2007 construction certificate' 'Scope of construction certificate and compliance with consent conditions']

Ratio Decidendi

Joinder of DLM Certification Pty Limited is both proper and necessary as the validity of the construction certificate is a substantive issue in the proceedings and its author must be present to enable determination of the rights of all parties.

Court Disposition

Application for joinder of DLM Certification Pty Limited granted

Orders

  • ['Applicant granted leave to amend Class 4 application to join DLM Certification Pty Limited as a third respondent pursuant to Uniform Civil Procedure Rules 2005 rule 6.24(1)' 'Exhibits DLM1 and DLM2 may be returned' 'Costs of Notice of Motion reserved' 'Applicant to file and serve amended Class 4 application and...