Weston Aluminium Pty Limited v Minister Administering the Environmental Planning and Assessment Act & Anor [2000] NSWLEC 265
Joinder of Mr Kelly is necessary to ensure that evidence regarding the health and safety impacts of the modification to the development consent, which falls within s 79C(1) EP&A Act, is properly ventilated, especially as the Minister does not actively contest the proceedings.
Source-derived case information.
- Jurisdiction
- Australia
- Judgment Date
- 14 December 2000
- Procedural Posture
- Class 1 Proceedings Modification of Development Consent / Application for Joinder of a Party/intervener
- Outcome
- Joinder motion allowed; Terrence James Kelly joined as a party to the proceedings.
- Legal Topics
- ['joinder of Parties' 'modification of Development Consent' 'development Applications']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Class 1 Proceedings Modification of Development Consent / Application for Joinder of a Party/intervener
Legal Issues
- 1 ['Whether Terrence James Kelly should be joined as a party to the proceedings concerning modification of development consent' 'Whether joinder is necessary under Pt 8 r 8 of the Supreme Court Rules 1970']
Ratio Decidendi
Joinder of Mr Kelly is necessary to ensure that evidence regarding the health and safety impacts of the modification to the development consent, which falls within s 79C(1) EP&A Act, is properly ventilated, especially as the Minister does not actively contest the proceedings.
Court Disposition
Joinder motion allowed; Terrence James Kelly joined as a party to the proceedings.
Orders
- ['The motion be allowed.' 'Terrence James Kelly be made a party in these proceedings.']
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