Tutzing Pty Ltd v Upper Lachlan Shire Council [2021] NSWSC 1221

Supreme Court New South Wales

Medium Neutral Citation: Tutzing Pty Ltd v Upper Lachlan Shire Council [2021] NSWSC 1221 Hearing dates: 24 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Equity Before: Darke J Decision: Application granted for joinder as defendants. Catchwords: PRACTICE AND PROCEDURE – parties – joinder – proceedings for specific performance of a Deed – application by third parties to become defendants – whether applicants are necessary parties to the proceedings – order sought by plaintiff would require defendant Council to proceed to close a public road that adjoins land owned by applicants – held that applicants would be directly affected by orders sought by the plaintiff – applicants held to be necessary parties to the proceedings – application for joinder granted Legislation Cited: Roads Act 1993 (NSW), ss 38A-F Uniform Civil Procedure Rules 2005 (NSW), r 6.24 Cases Cited: John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc [2019] NSWSC 1131 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Tasker v Small (1837) 3 My & Cr 63 Xinfeng Australia International Investment Pty Ltd v GR Capital Group Pty Ltd [2019] NSWSC 1547 Category: Procedural rulings Parties: Tutzing Pty Ltd (Plaintiff/First Respondent) Upper Lachlan Shire Council (Defendant/Second Respondent) Cameron John Willis (First Applicant) Tania Renae Willis (Second Applicant) Representation: Counsel: Mr B Coles QC with Mr G Farland (Plaintiff/First Respondent) Mr G McNally SC with Mr D Stewart (Applicants)