Jomasa Pty Ltd v City of Ryde Council [2017] NSWLEC 1636

Land and Environment Court New South Wales

Medium Neutral Citation: Jomasa Pty Ltd v City of Ryde Council [2017] NSWLEC 1636 Hearing dates: 24 October 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Class 1 Before: Froh R Decision: The orders of the Court are:

(1) Viva Energy Australia Pty Limited is joined as the second respondent to these proceedings. Catchwords: JOINDER — Application for joinder — Statutory tests — Issues proposed to be raised by applicant for joinder — has applicant on the motion identified an issue that ought to be raised in the proceedings that will not be adequately dealt with if not joined to proceedings — proposed stormwater drainage works to be carried out and impacts of those works on the pipeline will not be adequately addressed if applicant on the motion not joined - Application for joinder granted Legislation Cited: Land and Environment Court Act 1979, s 39A Cases Cited: Kavia Holdings Pty Ltd v Sydney City Council [2003] NSWLEC 195 State of Victoria v Sutton (1998) 195 CLR 291 Texts Cited: Nil Category: Procedural and other rulings Parties: Viva Energy Australia Pty Ltd (Applicant on the Motion) Jomasa Pty Ltd (Applicant) City of Ryde Council (Respondent) Representation: Counsel: Mr P McEwan SC with Ms F Burgland (Applicant on the Motion) Mr J Johnson (Applicant) Mr S Berveling (Respondent)

Solicitors: Davis Advisory Lawyers (Applicant on the Motion) Madison Marcus Law Firm (Applicant) Council of the City of Ryde (Respondent) File Number(s): 2017/272543 Publication restriction: No