Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd [2010] NSWLEC 208

Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd [2010] NSWLEC 208

Having regard to the affidavits and the allegations made against Mr Hardy in the points of claim, Mr Hardy ought to have been joined initially and his joinder was necessary to determine all matters in dispute. Mr Hardy's failure to attend to the council's earlier request for consent to joinder caused him not to be ready on 8 October 2010 and necessitated the adjournment, so the council was entitled to its fixed costs of that adjournment.

Jurisdiction
Australia
Judgment Date
13 October 2010
Procedural Posture
Class 4 Proceedings / Notice of Motion by the Applicant for Joinder of Mr Craig Hardy as Fourth Respondent Pursuant to R 6.24 of the Uniform Civil Procedure Rules 2005
Outcome
Notice of motion granted; Mr Craig Hardy joined as fourth respondent, fixed adjournment costs ordered against him, and consequential procedural orders made.
Legal Topics
['joinder of Parties' 'construction Certificate' 'development Consent' 'costs of Adjournment']
['practice and Procedure' 'planning and Environment'] ['joinder of Parties' 'construction Certificate' 'development Consent' 'costs of Adjournment']

Case Brief

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Procedural Posture

Class 4 Proceedings / Notice of Motion by the Applicant for Joinder of Mr Craig Hardy as Fourth Respondent Pursuant to R 6.24 of the Uniform Civil Procedure Rules 2005

Legal Issues

  1. 1 ['Whether Mr Craig Hardy ought to be joined as a party, or whether his joinder was necessary to determine all matters in dispute in the proceedings.' 'Whether the applicant should receive fixed costs of the adjournment of the hearing of the notice of motion on 8 October 2010.']

Ratio Decidendi

Having regard to the affidavits and the allegations made against Mr Hardy in the points of claim, Mr Hardy ought to have been joined initially and his joinder was necessary to determine all matters in dispute. Mr Hardy's failure to attend to the council's earlier request for consent to joinder caused him not to be ready on 8 October 2010 and necessitated the adjournment, so the council was entitled to its fixed costs of that adjournment.

Court Disposition

Notice of motion granted; Mr Craig Hardy joined as fourth respondent, fixed adjournment costs ordered against him, and consequential procedural orders made.

Orders

  • ['Mr Craig Hardy be joined as the fourth respondent to the proceedings.' 'The costs of the applicant on the motion be costs in the cause, subject to order 3 below.' 'The costs of the adjournment of the hearing of the notice of motion on 8 October 2010 be payable by Mr Hardy within 28 days to the council fixed in the...