Wollondilly Shire Council v Antoun (No 2) [2010] NSWLEC 171

Wollondilly Shire Council v Antoun (No 2) [2010] NSWLEC 171

The Bank of Western Australia Limited's possession of the property and consent to joinder, together with the binding nature of orders on successors in title under s 121Y of the Environmental Planning and Assessment Act 1979, render its joinder necessary for the determination of all matters at issue; joinder is appropriate and cost-effective without recommencing proceedings.

Parties
Applicant: Wollondilly Shire Council; First Respondent: Simon Abou Antoun; Second Respondent: Bechara Hanna Saad El Skaf; Third Respondent: Bank of Western Australia Limited
Jurisdiction
Australia
Judgment Date
15 September 2010
Procedural Posture
Application for Joinder / Ex Tempore Judgment on Joinder Motion
Outcome
joinder granted; matter adjourned for directions; costs reserved
Legal Topics
Joinder of Parties, Liability of Successor in Title, Costs in Litigation
Practice and Procedure Joinder of Parties Liability of Successor in Title Costs in Litigation

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Parties

Wollondilly Shire Council

Applicant

Simon Abou Antoun

First Respondent

Bechara Hanna Saad El Skaf

Second Respondent

Bank of Western Australia Limited

Third Respondent

Procedural Posture

Application for Joinder / Ex Tempore Judgment on Joinder Motion

Legal Issues

  1. 1 Whether the Bank of Western Australia Limited is a necessary party for the determination of all matters in dispute in the proceedings
  2. 2 Whether joinder of the Bank is required by r 6.24 of the Uniform Civil Procedure Rules 2005

Ratio Decidendi

The Bank of Western Australia Limited's possession of the property and consent to joinder, together with the binding nature of orders on successors in title under s 121Y of the Environmental Planning and Assessment Act 1979, render its joinder necessary for the determination of all matters at issue; joinder is appropriate and cost-effective without recommencing proceedings.

Court Disposition

joinder granted; matter adjourned for directions; costs reserved

Orders

  • Bank of Western Australia Limited is joined as third respondent
  • Matter set down for further directions on 29 October 2010 at 9.30am