Crescent Newcastle Pty Ltd v Newcastle City Council [2020] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: Crescent Newcastle Pty Ltd v Newcastle City Council [2020] NSWLEC 88 Hearing dates: 30 June 2020 Date of orders: 1 July 2020 Decision date: 01 July 2020 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [85] Catchwords: JOINDER – Registrar refuses application for joinder in Class 1 development proceedings – application for review of Registrar's decision – parties to Class 1 proceedings have reached agreement in s 34 conciliation conference before a Commissioner as to a decision in the proceedings that would be acceptable to the parties – the Commissioner considering whether it is a decision that the Court could have made in the proper exercise of its functions – applicant for joinder seeks to raise, inter alia, issues as to whether owners' consent is required from other parties – issue said to arise as a matter of public interest pursuant to s 8.15(2)(b)(ii) of the Environmental Planning and Assessment Act 1979 – applicant for joinder also seeks to raise merit issues pursuant to s 8.15(2)(a) of the Act – merit issues do not warrant joinder – owners' consent issue warrants joinder in the public interest – joinder ordered Legislation Cited: Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, s 8.15 Land and Environment Court Act 1979, s 34 Newcastle Local Environmental Plan 2012 Uniform Civil Procedure Rules 2005, rr 42.19 and 42.20 Cases Cited: Morrison Design Partnership Pty Limited v North Sydney Council and Director-General of the Department of Planning [2007] NSWLEC 802; (2008) 159 LGERA 361 Tomko v Palasty (No 2) [2007] NSWCA 369; (2007) 71 NSWLR 61 Category: Procedural and other rulings Parties: Crescent Newcastle Pty Ltd (Applicant) Newcastle City Council (Respondent) Friends of King Edward Park Inc (Applicant for Joinder) Representation: Counsel: Mr M Seymour, barrister (Applicant) Ms F Berglund, barrister (Respondent) Mr T Robertson SC (Applicant for Joinder)