Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5

Land and Environment Court New South Wales

Medium Neutral Citation: Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5 Hearing dates: 25 January 2011 Decision date: 25 January 2011 Before: Craig J Decision: 1.The Notice of Motion by the Friends of Freshwater Village Inc (the Friends) is dismissed 2. I decline to make any directions in accordance with s 38(2) of the Court Act involving the participation of the Friends in the proceedings 3. Stand over the proceedings to the Registrar's List on Friday 28 January 2011 at 9.30am 4. No order as to costs 5. Exhibits may be returned Catchwords: PRACTICE AND PROCEDURE:- joinder of parties - 'Double Bay Marina' participant - no intention by intervener to call expert evidence - issues addressed in evidence to be led by Council Legislation Cited: Environmental Planning and Assessment Act 1979 s 97 Land and Environment Court Act 1979 ss 38(2), 39A State Environmental Planning Policy (Infrastructure) 2007 cl 45 Cases Cited: Double Bay marina Pty Ltd v Woollahra Council (1985) 54 LGRA 313 Morrison Design Partnership Pty Ltd v North Sydney Council and the Director-General of the Department of Planning [2007] NSWLEC 802; (2008) 159 LGERA 361 Category: Procedural and other rulings Parties: Freshwater Village Developments Pty Ltd (Applicant) Warringah Council (Respondent) Representation: Counsel: A E Galasso SC (Applicant) L M Byrne (Applicant for joinder) S H Patterson (Solicitor) (Respondent) Solicitors: Herbert Geer Lawyers (Applicant) N/A (Applicant for joinder) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 11007 of 2010