Jon Garling v Northern Beaches Council [2022] NSWLEC 102

Land and Environment Court New South Wales

Medium Neutral Citation: Jon Garling v Northern Beaches Council [2022] NSWLEC 102 Hearing dates: 04 and 05 August 2022 Date of orders: 05 August 2022 Decision date: 05 August 2022 Jurisdiction: Class 1 Before: Pepper J Decision: Notice of motion for joinder dismissed. Catchwords: CIVIL PROCEDURE: urgent application for joinder in Class 1 appeal – applicable legal principles – whether issues sought to be raised by intervenor would be sufficiently addressed absent a contradiction – delay in bringing application for joinder – whether Commissioner should have regard to previous Class 4 consent orders and their alleged non-compliance in the Class 1 appeal – issues raised by intervenor would be either raised by the parties in their contentions or able to be dealt with by the intervenor by way of submissions – joinder refused. Legislation Cited: Access to Neighbouring Land Act 2000 Civil Procedure Act 2005, s 56 Environmental Planning and Assessment Act 1979, s 8.15(2) Land and Environment Court Act 1979, ss 34AA, 38(2), 39(4) and 39A Cases Cited: Avalon Beach Property Pty Limited CAN 609856224 as Trustee for the Avalon Beach Property Trust v Northern Beaches Council (2017) 227 GLERA 393; [2017] NSWLEC 130 Azzure-Blacktown Pty Limited v Blacktown City Council [2009] NSWLEC 63 Bongiorno Hawkins Frassetto & Associates Pty Ltd v Griffith City Council [2007] NSWLEC 205 Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5 Kavia Holdings Pty Ltd v Sydney City Council (2003) 127 LGERA 293; [2002] NSWLEC 195 Morrison Design Partnership Pty Ltd v North Sydney Council (2007) 159 LGERA 361; [2007] NSWLEC 802 Quakers Hill SPV Pty Ltd v Blacktown City Council (No 2) [2012] NSWLEC 243 The Carrick Group Pty Ltd v Blue Mountains City Council [2010] NSWLEC 205 The Sabian Mandaen Association in Australia Ltd v Wollondilly Shire Council [2009] NSWLEC 94 Category: Procedural rulings Parties: Joanne Jefferies (Applicant for Joinder) Jon Garling (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant for Joinder) J Reid (Applicant)