NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollondilly Shire Council v Foxman Environmental Development Services Pty Ltd [2010] NSWLEC 208
APPLICANT Wollondilly Shire Council
FIRST RESPONDENT Foxman Environmental Development Services Pty Ltd
PARTIES : SECOND RESPONDENT Phillip Foxman
THIRD RESPONDENT Botany Building Recyclers Pty Limited
FOURTH RESPONDENT Craig Hardy
FILE NUMBER(S) : 40578 of 2010
CORAM: Pepper J
KEY ISSUES: PRACTICE AND PROCEDURE :- application to join party to Class 4 proceedings - person ought to have been joined as party initially and was necessary for the determination of all matters in dispute in the proceedings
LEGISLATION CITED: Civil Procedure Act 2005 s 98 Uniform Civil Procedure Rules 2005 r 6.24
CASES CITED: Peruse Pty Ltd v Sydney City Council [2009] NSWLEC 163; (2009) 169 LGERA 85
DATES OF HEARING: 8 and 13 October 2010
EX TEMPORE JUDGMENT DATE : 13 October 2010
APPLICANT Mr J Hones (solicitor) SOLICITORS Hones La Hood
FIRST TO THIRD RESPONDENTS LEGAL REPRESENTATIVES: Mr C Lethbridge (solicitor) SOLICITORS Whittens Lawyers
FOURTH RESPONDENT Mr A Hudson (solicitor) Wilshire Webb Staunton Beattie
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