Positive Change for Marine Life Inc v Byron Shire Council [2015] NSWLEC 147

Land and Environment Court New South Wales

Medium Neutral Citation: Positive Change for Marine Life Inc v Byron Shire Council [2015] NSWLEC 147 Hearing dates: 8 September 2015 Date of orders: 09 September 2015 Decision date: 09 September 2015 Jurisdiction: Class 4 Before: Craig J Decision: (1) Order that each of Shuttlewood Properties Pty Ltd and John Vaughan be joined as the second and third respondents respectively in these proceedings. (2) Costs of the motion for joinder are reserved. Catchwords: PRACTICE AND PROCEDURE – application for joinder – r 6.24 Uniform Civil Procedure Rules 2005 (NSW) – whether rights of parties seeking joinder will be affected – proposed works directed to beach protection of landowners' properties – proprietary interests of landowner parties likely to be impacted by injunction – landowner respondents joined as parties Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 News Ltd v Australian Rugby Football League Ltd [1996] FCA 870; 64 FCR 410 Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52 Ross v Lane Cove Council [2014] NSWCA 50; 86 NSWLR 34 State of Victoria v Sutton [1998] HCA 56; 195 CLR 291 Category: Procedural and other rulings Parties: Positive Change for Marine Life Inc (Applicant) Byron Shire Council (First Respondent) Byron Preservation Association Inc, John Vaughan and Shuttlewood Properties Pty Ltd) (Second Respondents) Representation: Counsel: I Hemming SC with J Reid (Applicant) M Hall SC with C Novak (First Respondent) A Galasso SC (Second Respondent)