Lahoud v Willoughby City Council [2022] NSWLEC 125

Land and Environment Court New South Wales

Medium Neutral Citation: Lahoud v Willoughby City Council [2022] NSWLEC 125 Hearing dates: 4 October 2022 Date of orders: 13 October 2022 Decision date: 13 October 2022 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [53] Catchwords: JOINDER - Notice of Motion to join Willoughby Local Planning Panel (the Panel) as Third Respondent to Class 4 judicial review proceedings - r 59.3 (4) of the Uniform Civil Procedure Rules 2005 (the UCPR) mandates joinder of body "responsible for the decision" being reviewed - decision made by the Panel - notice of determination granting development consent issued by Willoughby City Council (the Council) as a consequence of the decision of the Panel - question of whether the Panel or the Council is "responsible for the decision" for the purposes of r 59.3(4) - applicant in Class 4 proceedings seeks joinder of the Panel in order to seek leave to issue interrogatories - the Council opposes joinder - holder of the challenged development consent takes no part in joinder hearing - held the Panel not "responsible for the decision" in the sense required by r 59.3(4) of the UCPR - joinder, in the alternative, also sought pursuant to r 6.24(1) of the UCPR - consideration of whether joinder necessary for issues in dispute -consideration of whether joinder necessary to bind the Panel to the outcome of the proceedings - neither basis for joinder established - joinder of the Panel rejected COSTS - costs of the application for joinder follow the event - the Applicant ordered to pay the Council's costs of the joinder motion as agreed or assessed Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.8 and 9.45 Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Bill 2017 Uniform Civil Procedure Rules 2005, rr 6.24(1) and 59.3(4) Cases Cited: KEPCO Bylong Australia Pty Ltd v Independent Planning Commission [2020] NSWLEC 38 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50 Taylor v The Owners of Strata Plan 11564 and Others (2014) 253 CLR 531; [2014] HCA 9 The Queen v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Category: Procedural rulings Parties: Victor Lahoud (Applicant) Willoughby City Council (First Respondent) Helm Pty Limited (Second Respondent) Willoughby Local Planning Panel (Interested Party) Representation: Counsel: Mr T Robertson SC/Mr D Robertson, barrister (Applicant) Mr C Norton, barrister (First Respondent and Interested Party) Mr H Grace, barrister (Second Respondent)