Blacktown City Council v The Penatrators Pty Limited (No 2) [2013] NSWLEC 170

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v The Penatrators Pty Limited (No 2) [2013] NSWLEC 170 Hearing dates: 9 October 2013 Decision date: 09 October 2013 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Riverstone Waste Transfer Pty Ltd is joined as the third respondent to the proceeding. (2) Grant leave to the applicant to file an amended summons giving effect to order (1). (3) Order that the requirement for personal service of any documents on the third respondent in these proceedings is dispensed with and that service be effected instead by the applicant by: (a) sending a copy of any document by registered post to the third respondent at the address of the third respondent's registered office; and (b) sending a copy of any document electronically to the email address galainy@gmail.com. (4) Costs to date of the applicant's notice of motion filed on 4 October 2013 will be costs in the cause. (5) Directions: (i) applicant is to file and serve any further affidavits by 30 October 2013; (ii) respondents are to file and serve their affidavits by 4 December 2013; (iii) applicant is to file and serve any affidavits in reply by 18 December 2013; (iv) the proceedings (including the applicants notice of motion filed on 4 October 2013) will be listed before the list judge on 20 December 2013 with a view to fixing a hearing date; (v) the listing of this matter on 18 October 2013 is vacated; (vi) liberty to apply on two days notice. Catchwords: PRACTICE AND PROCEDURE: motion to join a company as third respondent and for substituted serve - motion for interlocutory injunction against third respondent stood over. Cases Cited: Blacktown City Council v The Penatrators Pty Limited [2013] NSWLEC 169 Category: Procedural and other rulings Parties: Blacktown City Council (Applicant) The Penatrators Pty Limited (First Respondent) Michael Galainy (Second Respondent) Representation: COUNSEL: A Pickles (Applicant) M Galainy (Second respondent in person and for first respondent and Riverstone Waste Pty Ltd) SOLICITORS: Lindsay Taylor Lawyers (Applicant) N/A (Respondents) File Number(s): 40699/13