JCP Constructions & Development Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1204

Land and Environment Court New South Wales

Medium Neutral Citation: JCP Constructions & Development Pty Ltd v Woollahra Municipal Council [2022] NSWLEC 1204 Hearing dates: 1 April 2022 Date of orders: 1 April 2022 Decision date: 01 April 2022 Jurisdiction: Class 1 Before: Froh R Decision: 1. The Notice of Motion for joinder filed 28 March 2022 is dismissed. 2. No order for costs Catchwords: JOINDER - Application for joinder - statutory tests. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Uniform Civil Procedure Rules 2005 Woollahra Local Environmental Plan 2014 Category: Procedural rulings Parties: JCP Constructions & Development Pty (Applicant) Woollahra Municipal Council (Respondent) Woollahra R2 Residents Association (Applicant for joinder) Representation: Counsel: P McEwen (Applicant) A Kleiss (Solicitor) (Respondent) C Ireland (Applicant for joinder)

Solicitors: Shaw Reynolds Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) Dentons (Applicant for joinder) File Number(s): 2021/340406 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It was given orally and has been revised and edited prior to publication. 1. This matter is an amended notice of motion (motion) for joinder whereby Woollahra R2 Residents Association (Residents Association) seeks to be joined as the second respondent to the proceedings under s 8.15(2) of the Environmental Planning and Assessment Act 1979 (EPA Act). 2. The amended notice of motion has some proposed Short Minutes of Order annexed at Annexure A. 3. The Council neither consents nor opposes the motion and the Applicant opposes the motion.