CWO Pty Ltd v Muswellbrook Shire Council [2023] NSWLEC 1049

Land and Environment Court New South Wales

Medium Neutral Citation: CWO Pty Ltd v Muswellbrook Shire Council [2023] NSWLEC 1049 Hearing dates: 25 January 2023 Date of orders: 06 February 2023 Decision date: 06 February 2023 Jurisdiction: Class 1 Before: Froh R Decision: The orders of the Court are: (1) The Motion is granted. (2) The Commonwealth of Australia is joined as the Second Respondent to these proceedings. (3) The Second Respondent is directed to file and serve its Statement of Facts and Contentions in the form annexed at A to the affidavit of Mr Hogan affirmed on 19 January 2023 by 6 February 2023. (4) The First Respondent is granted leave to file and serve an amended Statement of Facts and Contentions in respect of the contentions it no longer presses by 12PM on 7 February 2023. (5) The conciliation conference listed at 10:30AM on 8 February 2023 is confirmed. Catchwords: Notice of Motion – Application for joinder Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.15 Cases Cited: Ali v Liverpool City Council [2009] NSWLEC 107 Avalon Beach Property Pty Limited v Northern Beaches Council (2017) 227 LGERA 393; [2017 NSWLEC 130 Morrison Design Partnership Pty Limited v North Sydney Council (2007) 159 LGERA 361; [2007] NSWLEC 802 Shoalhaven City Council v Lovell (1996) 136 FLR 58 Category: Procedural rulings Parties: CWO Pty Ltd (Applicant) Muswellbrook Shire Council (Respondent) Commonwealth of Australia (Applicant for joinder) Representation: Counsel: A Stafford (Applicant) C Koikas (Respondent) D Robertson (Applicant for joinder)