Kennedy v Stockland Developments Pty Ltd (No 2) [2011] NSWLEC 186

Land and Environment Court New South Wales

Medium Neutral Citation: Kennedy v Stockland Developments Pty Ltd (No 2) [2011] NSWLEC 186 Hearing dates: 28 October, 31 October, and 1 November, 2011. Decision date: 01 November 2011 Jurisdiction: Class 4 Before: Sheahan J Decision: (1) The motion to join a second respondent is dismissed. (2) The applicant is ordered to pay ARV's costs on that joinder motion. (3) All other costs are reserved. (4) The refusal of an interim injunction against the respondent is affirmed. (5) The orders made on 31 October 2011 are to stand till further order. (6) All exhibits except Exhibit R2 are returned, but Exhibit R2 is to be returned to file 40880 of 2011 (as Exhibit S3 ). (7) The applicant is directed to file Points of Claim, and any further Notice of Motion for leave to amend his summons, by close of business Tuesday 8 November 2011. (8) This matter is to be included in the List Judge list for Friday 11 November 2011. Catchwords: PRACTICE AND PROCEDURE: Attempt to join a second respondent Legislation Cited: Environmental Planning and Assessment Act 1979 National Parks and Wildlife Act 1974 Cases Cited: Kennedy v Stockland Developments Pty Ltd [2011] NSWLEC 185 North Sydney Council v Moline; North Sydney Council v Tomkinson (No 2) [2008] NSWLEC 169 Category: Procedural and other rulings Parties: Roy "Dootch" Kennedy (Applicant) Stockland Developments Pty Ltd (Respondent) Representation: Mr A Oshlack, agent (Applicant) Mr H El-Hage, with Mr J E Robson SC (on 1 November 2011) (Respondent) Ms F J Rourke and Ms R A Pleming, Solicitors (for Anglican Retirement Villages) Mr A Oshlack, Agent, c/o Indigenous Justice Advocacy Network (Applicant) Herbert Greer (Respondent) Norton Rose (for Anglican Retirement Villages) File Number(s): 40977 of 2011