CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 2) [2011] NSWLEC 91

Land and Environment Court New South Wales

Medium Neutral Citation: CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 2) [2011] NSWLEC 91 Hearing dates: 20 May 2011 Decision date: 23 May 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1. Each of Hard & Forest Pty Ltd, Pierre Hartzenberg, Grinsell and Johns Pty Ltd and Gordon Wren are joined as the sixth, seventh, eighth and ninth respondents respectively in these proceedings. 2. Direct that the parties bring in draft short minutes of order addressing - (i) the service upon the sixth, seventh, eighth and ninth respondents of all pleadings and evidence filed in the proceedings to date, together with a copy of all directions made for the preparation of the matter for hearing; and (ii) the time by which the sixth, seventh, eighth and ninth respondents are to file and serve any evidence upon which they propose to rely for the purpose of these proceedings. 3. Stand over the proceedings to 9.15am on Wednesday 25 May 2011 for the purpose of considering the parties' draft directions identified in order 2. 4. Reserve the costs of the first respondent's notice of motion dated 16 May 2011. Catchwords: PROCEDURE:- joinder of parties pursuant to Uniform Civil Procedure Rules 2005, 6.24(1) - surveyors and certifiers of subdivision plan - registered subdivision plan claimed to be in breach of development consent - whether "necessary" to join parties - test as to whether joined parties "directly affected" by orders - there is an "arguable possibility" that rights and liabilities of joined parties will be directly affected - motion granted. Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Real Property Act 1900 Surveying and Spatial Information Regulation 2006 Uniform Civil Procedure Rules 2005, r 6.24(1), 6.32 Cases Cited: Ancher, Mortlock, Murray & Woolley Pty Ltd v Hooker Homes Pty Ltd [1971] 2 NSWLR 278Arnold v Minister Administering the Water Management Act 2000 (2008) 73 NSWLR 196 National Parks and Wildlife Service v Stables Perisher Pty Ltd (1990) 20 NSWLR 573 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 P E Bakers Pty Ltd v Yehuda (1988) 15 NSWLR 437 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 State of Victoria v Sutton [1998] HCA 56; (1998) 195 CLR 291 Category: Procedural and other rulings Parties: CTI Joint Venture Company Pty Ltd (Applicant) CRI Chatswood Pty Ltd (in Liq) (First Respondent) Metro Chatswood Pty Ltd (Second Respondent) Transport Construction Authority (Third Respondent) Rail Corporation New South Wales (Fourth Respondent) Registrar-General (Fifth Respondent) Hard & Forester Pty Ltd (Sixth Respondent) Pierre Hartzenberg (Seventh Respondent) Grinsell & Johns Pty Ltd (Eighth Respondent) Gordon Wren (Ninth Respondent) Representation: Mr R P L Lancaster SC with L T Livingston (Applicant) Mr A J Sullivan QC with Ms S Mirzabegian (First Respondent) Mr T J Breakspear (Second Respondent) Mr C D Norton (Third and Fourth Respondents) No appearance (Fifth Respondent) Mr G Beardswell (Solicitor) (Sixth and Seventh Respondents) Mr I Hemmings (Eighth and Ninth Respondents) Mallesons Stephen Jaques (Applicant) Blake Dawson (First Respondent) Kemp Strang Lawyers (Second Respondent) Clayton Utz (Third Respondent) Allens Arthur Robinson (Fourth Respondent) Gilchrist Connell (Sixth and Seventh Respondents) Indemnity Legal Pty Ltd (Eight and Ninth Respondents) File Number(s): 40255 of 2011