Walfertan Processors Pty Limited v Upper Hunter Shire Council [2009] NSWLEC 1134

Land and Environment Court of New South Wales

CITATION : Walfertan Processors Pty Limited v Upper Hunter Shire Council [2009] NSWLEC 1134

APPLICANT Walfertan Processors Pty Limited

RESPONDENT PARTIES : Upper Hunter Shire Council

APPLICANTS ON JOINDER APPLICATION Darley Australia Pty Limited William Bourke

FILE NUMBER(S) : 11319 of 2008

CORAM: Moore SC

KEY ISSUES: PRACTICE AND PROCEDURE :-

LEGISLATION CITED: Land and Environment Court Act 1979, s 39A

DATES OF HEARING: 27 March 2009

EX TEMPORE JUDGMENT DATE : 27 March 2009

APPLICANT Mr A Galasso SC INSTRUCTED BY Clayton Utz

RESPONDENT LEGAL REPRESENTATIVES: Mr T Robertson SC INSTRUCTED BY Sparke Helmore

APPLICANT ON JOINDER APPLICATION Mr P Larkin, barrister INSTRUCTED BY Halletts Solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

27 March 2009

08/11319 Walfertan Processors v Upper Hunter Shire Council

JUDGMENT – Application for joinder

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

1 SENIOR COMMISSIONER: This is an application pursuant to s 39A of the Land and Environment Court Act 1979 for two parties represented by Mr Larkin to be joined as parties to the proceedings. The effect of joinder, if granted, will be in functional terms to add a single contradicting voice on impact contention number three dealing with waste water issues in the proceedings, those issues now being the subject of an agreement between the experts retained by the applicant and by the council.