Campbelltown City Council v Galluzzo [2014] NSWLEC 149

Land and Environment Court New South Wales

Medium Neutral Citation: Campbelltown City Council v Galluzzo [2014] NSWLEC 149 Hearing dates: 17 September 2014 Decision date: 17 September 2014 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) G8 Education Limited be joined as the second respondent to these proceedings. (2) The applicant be granted leave to file an amended summons along the lines annexed to its notice of motion filed on 1 September 2014. (3) The applicant file and serve its amended summons in respect of which leave is granted by 4pm on 18 September 2014. (4) The applicant pay the first respondent's costs of its notice of motion. (5) As between the applicant and the second respondent, no order as to costs of the applicant's notice of motion to the intent that each of those parties will pay its own costs thereof. (6) The matter will be listed for directions before the list judge on 3 October 2014. Catchwords: PRACTICE AND PROCEDURE - joinder as a party and amendment of summons Legislation Cited: Environmental Planning and Assessment Act 1979 ss 76A(1), s 121B, 124(3) Uniform Civil Procedure Rules 2005 rr 2.1, 6.19 and 6.24 Cases Cited: Ross v Lane Cove Council [2014] NSWCA 50 Category: Interlocutory applications Parties: Campbelltown City Council (Applicant) John Frank Galluzo (Respondent) G8 Education Limited (Respondent to motion for joinder) Representation: COUNSEL: R O'Gorman-Hughes (Applicant) P Rigg, solicitor (Respondent) M Seymour (Respondent to motion for joinder) SOLICITORS: HWL Ebsworth (Applicant) Galluzzo Lawyers (Respondent) DibbsBarker (Respondent to motion for joinder) File Number(s): 40179/14