Kamenev v Woollahra Municipal Council [2018] NSWLEC 1210

Land and Environment Court New South Wales

Medium Neutral Citation: Kamenev v Woollahra Municipal Council [2018] NSWLEC 1210 Hearing dates: 1 May 2018 Date of orders: 03 May 2018 Decision date: 03 May 2018 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders: (1) Leave is granted to amend the Notice of Motion filed on 23 April 2018 as set out in the Amended Notice of Motion filed on 1 May 2018. (2) The Amended Notice of Motion is dismissed. Catchwords: JOINDER: Application for joinder; Statutory tests; Issues proposed to be raised by Applicants for Joinder; Interests of justice; Public interest; Double Bay Marina order; Application dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Tenacity Consulting v Warringah [2004] NSWLEC 140 Morrison Design v North Sydney (2007) 159 LGERA 361; [2007] NSWLEC 802 Kavia Holdings Pty Ltd v Sydney City Council [2003] NSWLEC 195 Bongiorno Hawkins Frassetto & Associates Pty Ltd v Griffith City Council [2007] NSWLEC 205 Category: Principal judgment Parties: Leon Kamenev (Applicant) Woollahra Municipal Council (Respondent) Shamistha De Soysa (First Applicant on the motion for joinder) Suvan De Soysa (Second Applicant on the motion for joinder) David Kingston (Third Applicant on the motion for joinder) Representation: Solicitors: A Gadiel, Mills Oakley (Applicant) M Hanna, Wilshire Webb Staunton Beattie (Respondent) C Drury, Spark Helmore (Interveners) File Number(s): 2017/354947 Publication restriction: No