Project Venture Management Pty Limited v Warringah Shire Council [2006] NSWLEC 753

Land and Environment Court of New South Wales

CITATION : Project Venture Management Pty Limited v Warringah Shire Council [2006] NSWLEC 753

APPLICANT Project Venture Management Pty Limited

PARTIES : RESPONDENT Warringah Shire Council

INTERVENOR Duffys Forest Residents Association Incorporated

FILE NUMBER(S) : 11361 of 2005

CORAM: Moore C

KEY ISSUES: Practice and Procedure :- Application for joinder

LEGISLATION CITED: Land and Environment Court Act 1979

CASES CITED: Lowy v New South Wales Land and Environment Court & Ors (2003) 123 LGERA 179, [2002] NSWCA 353

DATES OF HEARING: 26 October 2006

EX TEMPORE JUDGMENT DATE : 10/26/2006

APPLICANT Mr T Flaherty, solicitor Staunton Beattie

RESPONDENT LEGAL REPRESENTATIVES: Mr S Patterson, solicitor Wilshire Webb

INTERVENOR Ms L Byrnes, barrister INSTRUCTED BY Environmental Defenders Office

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

26 October 2006

05/11361 Project Venture Management Pty Limited v Warringah Council

JUDGMENT This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. COMMISSIONER: This is a Notice of Motion lodged on behalf of the Duffys Forest Residents Association Incorporated, a community organisation, which on 22 August 2006 was granted leave to be an intervenor in these proceedings – such leave being confined to making submissions and being legally represented at the hearing in relation to bushfire issues only. Subsequently, on 25 August, as a consequence of the possibility that the council might enter into consent orders based on revised plans, the intervenor sought and was granted an expanded leave to make submissions in relation to all issues in the proceedings.