AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2020] NSWLEC 159

Land and Environment Court New South Wales

Medium Neutral Citation: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2020] NSWLEC 159 Hearing dates: 12 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Class 1 Before: Duggan J Decision: See paragraphs 59 and 60 Catchwords: CIVIL PROCEDURE – parties – joinder – where s 34 agreement has been reached – issues to be considered in the determination of s 34 – whether issues disclose a reasonable cause of action – whether issues would be sufficiently addressed absent joinder as per s 8.15 Environmental Planning and Assessment Act 1979 – public interest – joinder granted – joinder results in intervenor being allowed to raise merit considerations Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86 Avalon Beach Property Pty Ltd v Northern Beaches Council (2017) 227 LGERA 393 HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Morrison Design Partnership Pty Ltd v North Sydney Council (2007) 159 LGERA 361 Radray Constructions Pty Ltd v Hornsby Shire Council (2006) 145 LGERA 292 Yarranabbe Property Pty Ltd v Woollahra Municipal Council [2020] NSWLEC 122 Texts Cited: Macquarie Dictionary Third Edition Category: Procedural and other rulings Parties: Hunter Thoroughbred Breeders Association Inc (Applicant on the Motion) AQC Dartbrook Management Pty Ltd (Applicant) (First Respondent on the Motion) Minister for Planning and Public Spaces (Respondent) (Second Respondent on the Motion) Representation: Counsel: Mr A Stafford (Applicant on the Motion) Mr R Lancaster SC (Applicant) (First Respondent on the Motion) Mr M Sherman (Respondent) (Second Respondent on the Motion)