Manderrah Pty Ltd v Woollahra Municipal Council (No 2) [2013] NSWLEC 115

Land and Environment Court New South Wales

Medium Neutral Citation: Manderrah Pty Ltd v Woollahra Municipal Council (No 2) [2013] NSWLEC 115 Hearing dates: 19 July 2013 Decision date: 19 July 2013 Jurisdiction: Class 1 Before: Pepper J Decision: Contentions 1, 2 and 5 of the second respondent's Statement of Contentions are struck out. Catchwords: PROCEDURE: application to strike out contentions from Statement of Contentions in Class 1 proceedings - third party sought to be joined as a respondent to the proceedings to raise two specific contentions - order for joinder made - later respondent sought to agitate all issues relied upon by original parties to the proceedings and to file evidence in relation to all contentions relied upon by original parties - whether unfair to original parties to allow joined party to participate in the proceedings in this manner - contentions struck out. Legislation Cited: Civil Procedure Act 2005, ss 56, 57, 58, 59, 60, 61

Land and Environment Court Act 1979, ss 38(2), 39A

Land and Environment Court Rules 2007, r 3.7

Uniform Civil Procedure Rules 2005, rr 13.4(1)(c), 14.28(1)(c)

State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Bongiorno Hawkins Frassetto & Associates Pty Ltd v Griffith City Council [2007] NSWLEC 205

Double Bay Marina Pty Ltd v Woollahra Municipal Council (1985) 54 LGRA 313

Kavia Holdings Pty Ltd v Sydney City Council [2003] NSWLEC 195; (2003) 127 LGERA 293

Lowy v The Land and Environment Court of NSW [2002] NSWCA 353; (2002) 123 LGERA 179