Fuse Architecture Pty Ltd v Georges River Council [2024] NSWLEC 1294

Land and Environment Court New South Wales

Medium Neutral Citation: Fuse Architecture Pty Ltd v Georges River Council [2024] NSWLEC 1294 Hearing dates: 28 May 2024 Date of orders: 31 May 2024 Decision date: 31 May 2024 Jurisdiction: Class 1 Before: Deputy Registrar Orr Decision: The Court orders: (1) The Notice of Motion filed by The Owners – Strata Plan No 89161 on 10 May 2024, is granted. (2) The Owners – Strata Plan No 89161 is joined as the second respondent to the proceedings pursuant to s 8.15(2)(a) and (b) of the Environmental Planning and Assessment Act 1979. (3) The Owners – Strata Plan No 89161 is directed to file and serve its Statement of Facts and Contentions, by 4 June 2024. (4) The s 34 conciliation conference on 7 June 2024 is confirmed. Catchwords: PRACTICE AND PROCEDURE – application for joinder – statutory tests – rights of carriageway – easements – intensification of use – joinder ordered Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15(2) Land and Environment Court Act 1979, ss 34, 38(2) Cases Cited: Kavia Holdings Pty Limited v Sydney City Council (2003) 127 LGERA 293; [2003] NSWLEC 195 Morrison Design Partnership Pty Limited v North Sydney Council and Director-General of the Department of Planning (2007) 159 LGERA 361; [2007] NSWLEC 802 Michael Suttor Pty Ltd v Woollahra Municipal Council [2009] NSWLEC 1256 North Sydney Council v Ligon 302 Pty Ltd (1996) 185 CLR 470; [1996] HCA 20 Opera Properties Pty Ltd v Northern Beaches Council [2017] NSWLEC 1086 Pro-Vision Developments Pty Ltd v Ku-ring-Gai Municipal Council (2003) 131 LGERA 108; [2003] NSWLEC 226 Category: Procedural rulings Parties: Fuse Architecture Pty Ltd (Applicant) Georges River Council (Respondent) The Owners – Strata Plan No 89161 (Applicant on the Motion) Representation: Counsel: Ms M Lewis (solicitor) (Applicant) Ms S Wilson (solicitor) (Respondent) Mr R White (Applicant on the Motion)