Li v Woollahra Municipal Council [2023] NSWLEC 1298

Land and Environment Court New South Wales

Medium Neutral Citation: Li v Woollahra Municipal Council [2023] NSWLEC 1298 Hearing dates: 6 March 2023 Date of orders: 14 June 2023 Decision date: 14 June 2023 Jurisdiction: Class 1 Before: Registrar Froh Decision: The Court orders that: (1) Mr Wise's motion for joinder is dismissed. Catchwords: JOINDER —application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice — public interest – necessary party – discretion — timing – application for joinder dismissed. Legislation Cited: Civil Procedure Act 2005, ss 56, 57 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, ss 34, 34AA Uniform Civil Procedure Rules 2005, r 6.24 Cases Cited: AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces [2020] NSWLEC 159 AQC Dartbrook Management Pty Ltd v Minister for Planning and Public Spaces (2021) 105 NSWLR 152; [2021] NSWCA 112 Avalon Beach Property Pty Ltd v Northern Beaches Council (2017) 227 LGERA 393; [2017] NSWLEC 130 Morrison Design Partnership Pty Ltd v North Sydney Council (2007) 159 LGERA 361; [2007] NSWLEC 802 Texts Cited: Woollahra Development Control Plan 2014 Category: Principal judgment Parties: Robin Wise (Applicant for joinder) John Li (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: D Robertson (Applicant for joinder) I Hemmings SC with Mr J Farrell (Applicant) P Shumack (solicitor) (Respondent)