Iris Hotels Casula Property Pty Ltd v Liverpool City Council [2022] NSWLEC 1362

Land and Environment Court New South Wales

Medium Neutral Citation: Iris Hotels Casula Property Pty Ltd v Liverpool City Council [2022] NSWLEC 1362 Hearing dates: 20 April 2022 Date of orders: 6 July 2022 Decision date: 06 July 2022 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders that: (1) The Notice of Motion for joinder is dismissed. Catchwords: Notice of Motion – Application for joinder Legislation Cited: Civil Procedure Act 1995, ss 56A, 60 Environmental Planning and Assessment 1979, s 8.15(2) Cases Cited: Morrison Design Partnership Pty Ltd v North Sydney Municipal Council and Director-General of the Department of Planning [2007] NSWLEC 802 Suh v Liverpool City Council [2016] NSWLEC 25 Category: Procedural rulings Parties: Iris Hotels Casula Property Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Wright SC (Applicant) P Hudson (Solicitor) (Respondent) N Hammond (Applicant for Joinder)

Solicitors: Mills Oakley Law Firm (Applicant) Marsdens Law Group (Respondent) University of Newcastle Legal Centre (Applicant for Joinder) File Number(s): 2021/358101 Publication restriction: No

Judgment 1. By Notice of Motion dated 28 March (filed 11 April) 2022, the Casula Community Group for Responsible Planning Inc (Community Group), seeks orders that it be joined as a party to these proceedings pursuant to s 8.15(2) of the Environmental Planning and Assessment 1979 (EPA Act). In the alternative, it be given leave to make submissions, file expert evidence and cross examine experts and "other witnesses" on the matters set out at par 2a. to f. of the Notice of Motion. Those listed matters relate to the alleged alcohol related social impacts of the proposal. 2. In support of its motion for joinder the Community Group relied on the affidavit of Jacqueline Svenson affirmed on 28 March 2022. 3. The Applicant opposes the orders sought in the Motion and relied on the affidavit of James Thomas Oldknow affirmed on 19 April 2022. 4. The Respondent consents to the motion.