Land and Environment Court of New South Wales CITATION : Blacktown City Council v Wilkie and Ors [2001] NSWLEC 161 APPLICANT Blacktown City Council PARTIES : RESPONDENTS Wilkie and Ors FILE NUMBER(S) : 40025 of 2001 CORAM: Pearlman J KEY ISSUES: Practice and Procedure :- joinder LEGISLATION CITED: Supreme Court Rules 1970 pt 8 r 8 CASES CITED: DATES OF HEARING: 10/07/2001 EX TEMPORE JUDGMENT DATE : 07/10/2001 APPLICANT Mr D R Parry (Barrister) SOLICITORS Houston Dearn O'Connor FIRST RESPONDENT in person LEGAL REPRESENTATIVES: SOLICITORS N/A SECOND AND THIRD RESPONDENTS Mr R W Killalea (Barrister) SOLICITORS Low & Associates JUDGMENT: IN THE LAND AND 40025 of 2001 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 10 July 2001 BLACKTOWN CITY COUNCIL Applicant v MISTY WILKIE First Respondent MARK REID trading as GRAVEYARD RECYCLING and THE GRAVEYARD RECYCLING Second Respondent GRAVEYARD RECYCLING PTY LTD Third Respondent JUDGMENT 1. The second application today is made by Ms Wilkie, who seeks the joinder of the registered proprietor of the land, a Mr Constantine, who has furnished some affidavits, two affidavits I think, in the council's case. 2. The Court has power to join another party as a respondent under pt 8 r 8 of the Supreme Court Rules 1970. However, I am not prepared to grant that application. This case has been on foot for a long time. Ms Wilkie has known about the proceedings. The case has been set down for hearing once before and again for hearing today. 3. An application for joinder should not be made at the heel of the hunt. It should be made well ahead. In any event, I accept the submission of Mr Parry, for the council, that the joinder sought will make no difference because the orders, if any orders are made, will be made jointly and severally on all respondents. Hence I see no pressing reason why it is necessary to join Mr Constantine to these proceedings to rectify a breach of the law, and for that reason I dismiss that application. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.