Woodside Properties Pty Ltd v Wingecarribee Shire Council [2016] NSWLEC 133

Woodside Properties Pty Ltd v Wingecarribee Shire Council [2016] NSWLEC 133

Ms Fenwick's joinder application was refused because the matters she raised were either irrelevant to the remaining appeal about deletion of condition 16(a) or would be sufficiently addressed by the existing parties, the council documents, objector submissions, the Court acting as consent authority, and any s 34 conciliation conference or final hearing. The Court was not satisfied that joinder was required in the interests of justice or in the public interest, and considered that joinder would unnecessarily extend the proceedings and add to costs.

Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Class 1 Appeal; Notice of Motion for Joinder Under S 39 a of the Land and Environment Court Act 1979 / Interlocutory Application for Joinder Heard and Refused
Outcome
Application for joinder refused; notice of motion dismissed.
Legal Topics
['joinder of Objector' 'class 1 Development Appeal' 'modification Application' 'development Consent Conditions' 'section 34 Conciliation Conference' 'public Interest and Interests of Justice']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['joinder of Objector' 'class 1 Development Appeal' 'modification Application' 'development Consent Conditions' 'section 34 Conciliation Conference' 'public Interest and Interests of Justice']

Case Brief

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Procedural Posture

Class 1 Appeal; Notice of Motion for Joinder Under S 39 a of the Land and Environment Court Act 1979 / Interlocutory Application for Joinder Heard and Refused

Legal Issues

  1. 1 ['Whether Ms Fenwick was able to raise issues that should be considered in the Class 1 appeal but would not be likely to be sufficiently addressed if she were not joined as a party.' 'Whether it was in the interests of justice or in the public interest that Ms Fenwick be joined as a party to the appeal.' "Whether Ms Fenwick's concerns about the deletion of condition 16(a), amenity impacts, planning controls, stormwater, consultation and council conduct justified joinder."]

Ratio Decidendi

Ms Fenwick's joinder application was refused because the matters she raised were either irrelevant to the remaining appeal about deletion of condition 16(a) or would be sufficiently addressed by the existing parties, the council documents, objector submissions, the Court acting as consent authority, and any s 34 conciliation conference or final hearing. The Court was not satisfied that joinder was required in the interests of justice or in the public interest, and considered that joinder would unnecessarily extend the proceedings and add to costs.

Court Disposition

Application for joinder refused; notice of motion dismissed.

Orders

  • ['The notice of motion filed by Ms Christine Fenwick on 4 October 2016 be dismissed.' 'Five days prior to the hearing of the s 34 conciliation conference, the council is to file all documents upon which it seeks to rely at the hearing of the appeal, such bundle is to include the submissions received by the council...