Anglican Retirement Villages, Diocese Of Sydney v Wollongong City Council [2013] NSWLEC 5

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Retirement Villages, Diocese Of Sydney v Wollongong City Council [2013] NSWLEC 5 Hearing dates: 29 January 2013 Decision date: 29 January 2013 Jurisdiction: Class 1 Before: Pain J Decision: The Court makes the following orders: 1. Mr Kennedy to be joined as a party to the proceedings under s 39A of the Land and Environment Court Act 1979. 2. Mr Kennedy to file statement of facts and contentions by 5pm 4 February 2013. 3. Case management of further conciliation conference to be held before Brown C on the 7 February 2013 at 4pm. 4. The question of costs is reserved. Catchwords: PROCEDURE - successful application joinder of third party in Class 1 appeal proceedings under s 39A of the Land and Environment Court Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 s 79C, s 97 Land and Environment Court Act 1979 s 34, s 38, s 39A State Environmental Planning Policy (Major Development) 2005 Uniform Civil Procedure Rules 2005 r 6.27 Cases Cited: Kennedy v Stockland Developments Pty Ltd (No 7) [2012] NSWLEC 257 Morrison Design Partnership Pty Ltd v North Sydney City Council (2007) 159 LGERA 361 Newcastle Muslim Association v Newcastle City Council [2012] NSWLEC 13 Category: Procedural and other rulings Parties: Mr Roy "Dootch" Kennedy (Applicant on Notice of Motion) Anglican Retirement Villages, Diocese Of Sydney (Applicant/Respondent on Notice of Motion) Wollongong City Council (Respondent) Representation: Mr A Oshlack (agent) (Applicant on Notice of Motion) Ms F Rourke (solicitor) (Applicant/Respondent on Notice of Motion) Mr J Reilly (solicitor) (Respondent) Norton Rose (Applicant) Wollongong City Council (Respondent) File Number(s): 10982 of 2012