Tujilo Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1283

Land and Environment Court New South Wales

Medium Neutral Citation: Tujilo Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1283 Hearing dates: 1 June 2018 Date of orders: 13 June 2018 Decision date: 13 June 2018 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders: (1) Elizabeth Statis is joined as the second respondent to these proceedings. (2) The Second Respondent is to file and serve its Statement of Facts and Contentions by Thursday, 14 June 2018. (3) The section 34 conciliation conference on 19 June 2018 is confirmed. Catchwords: JOINDER: Application for joinder; Statutory tests. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Wingecarribee Local Environmental Plan Category: Principal judgment Parties: Tujilo Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Elizabeth Statis (Applicant on the motion for joinder) Representation: Solicitors: P Donnellan, PJ Donnellan & Co (Applicant) C Shaw, Shaw Reynolds Lawyers (Respondent) N Brunton, Norton Rose Fulbright Australia (Applicant on the motion for joinder) File Number(s): 2017/356544 Publication restriction: No

Judgment 1. REGISTRAR: Elizabeth Statis, by Notice of Motion filed on 25 May 2018, seeks an order that she be joined as a respondent to these Class 1 proceedings instituted by Tujilo Pty Limited ('Tujilo') in respect of Wingecarribee Shire Council's ('Council') refusal of its modification application 16/1366 (the 'Modification Application') in respect of DA32/27/3182/84 (the 'Original Consent') 2. The Motion is opposed by Tujilo, the Applicant in the substantive proceedings, and Council neither consents nor opposes the motion.