Lahoud v Willoughby City Council [2022] NSWLEC 125

Lahoud v Willoughby City Council [2022] NSWLEC 125

The Panel is not 'responsible for the decision' within the meaning of r 59.3(4) of the UCPR, as the Council is responsible for giving effect to and administering the decision, including issuing the notice of determination. Joinder is not mandated under r 59.3(4), nor is it appropriate under r 6.24(1), since the Panel would not be directly affected by the relief or orders sought, and interrogatories to the Panel are unnecessary for resolving the substantive issues at trial.

Parties
Applicant: Victor Lahoud; First Respondent: Willoughby City Council; Second Respondent: Helm Pty Limited; Interested Party: Willoughby Local Planning Panel
Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Class 4 Judicial Review / Ruling on Joinder and Costs Following Joinder Application
Outcome
Application to join Willoughby Local Planning Panel rejected; costs awarded
Legal Topics
Joinder of Parties, Judicial Review, Interpretation of Uniform Civil Procedure Rules, Standing Under Environmental Planning and Assessment Act, Costs in Class 4 Proceedings
Administrative Law Planning Law Civil Procedure Joinder of Parties Judicial Review Interpretation of Uniform Civil Procedure Rules Standing Under Environmental Planning and Assessment Act Costs in Class 4 Proceedings

Case Brief

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Parties

Victor Lahoud

Applicant

Willoughby City Council

First Respondent

Helm Pty Limited

Second Respondent

Willoughby Local Planning Panel

Interested Party

Procedural Posture

Class 4 Judicial Review / Ruling on Joinder and Costs Following Joinder Application

Legal Issues

  1. 1 Whether Willoughby Local Planning Panel is 'responsible for the decision' under r 59.3(4) of the UCPR and thus must be joined as a party
  2. 2 Whether joinder of the Panel is necessary pursuant to r 6.24(1) of the UCPR
  3. 3 Whether costs of the joinder application should follow the event

Ratio Decidendi

The Panel is not 'responsible for the decision' within the meaning of r 59.3(4) of the UCPR, as the Council is responsible for giving effect to and administering the decision, including issuing the notice of determination. Joinder is not mandated under r 59.3(4), nor is it appropriate under r 6.24(1), since the Panel would not be directly affected by the relief or orders sought, and interrogatories to the Panel are unnecessary for resolving the substantive issues at trial.

Court Disposition

Application to join Willoughby Local Planning Panel rejected; costs awarded

Orders

  • The application pursuant to r 59.3(4) of the UCPR to join Willoughby Local Planning Panel as Third Respondent is rejected.
  • The application pursuant to r 6.24(1) of the UCPR to join Willoughby Local Planning Panel as Third Respondent is rejected.