S & M Constructions Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 1198

Land and Environment Court New South Wales

Medium Neutral Citation: S & M Constructions Australia Pty Ltd v City of Sydney Council [2018] NSWLEC 1198 Hearing dates: 11 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Class 1 Before: Froh R Decision: The notice of motion of the Owners Corporation – Strata Plan 70974 dated 4 April 2018 is dismissed. Catchwords: JOINDER — Application for joinder — Statutory tests — Issues proposed to be raised by applicant for joinder — Application for joinder dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Morrison Design Partnership Pty Limited v North Sydney Council and Director-General of the Department of Planning [2007] NSWLEC 802 Texts Cited: Nil Category: Principal judgment Parties: S & M Constructions Australia Pty Ltd (Applicant) City of Sydney Council (Respondent) Owner Corporation SP 70974 (Interested Party/ Applicant on Motion) Representation: Counsel: A Galasso SC (Applicant)

Solicitors: Beswick Lynch Lawyers (Applicant) J Mort, City of Sydney Council (Respondent) R McCulloch, Pikes Verekers Lawyers (Interested Party/Applicant on Motion) File Number(s): 17/356500 Publication restriction: Nil

Judgment 1. Owners Corporation SP 70974 ('Owners Corporation'), by Notice of Motion filed 4 April 2018, seek to be joined as a respondent to Class 1 proceedings commenced by S&M Constructions Australia Pty Limited in respect of the deemed refusal of City of Sydney Council ('Council') to a development application for 45 Cooper Street, Surry Hills ('Proposed Development Site'), for the demolition of a terrace house and the construction of a seven storey mixed use building with ground floor retail and three apartments and a communal roof terrace ('the DA'). 2. The Motion is opposed by the Applicant in the substantive proceedings, and the Council neither consents to nor opposes the Motion. 3. I dismiss the Motion for the following reasons.