Rod Zoabi t/a ZTA Architects v Georges River Council [2019] NSWLEC 1106

Land and Environment Court New South Wales

Medium Neutral Citation: Rod Zoabi t/a ZTA Architects v Georges River Council [2019] NSWLEC 1106 Hearing dates: 12 March 2019 Date of orders: 12 March 2019 Decision date: 12 March 2019 Jurisdiction: Class 1 Before: Froh R Decision: The Notice of Motion is dismissed. Catchwords: JOINDER: Application for joinder – Statutory tests 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 Category: Procedural and other rulings Parties: Rod Zoabi t/a ZTA Architects (Applicant) Georges River Council (Respondent) Louie Saravinovski (Applicant on the motion for joinder) Representation: Counsel: L Beange (Applicant on the motion for joinder)

Solicitors: S Shneider, Houston Dearn O'Connor (Applicant) A Berry, Georges River Council (Respondent) File Number(s): 2018/234703 Publication restriction: No

Judgment

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. REGISTRAR: Mr Louie Saravinovski, by Notice of Motion filed 7 March 2019, seeks to be joined as a respondent to Class 1 proceedings instituted by Rod Zoabi t/as ZTA Architects (Mr Zoabi) in respect of the refusal of Georges River Council (Council) to a development application for 7 Wharf Road, Kogarah Bay for an attached dual occupancy (the DA). 2. In the alternative to an order for joinder, Mr Saravinovski seeks an order pursuant to s 38(2) of the Land and Environment Court Act 1979 (the Court Act) for a Double Bay Marina order and be permitted to participate in the s34AA conciliation and hearing. 3. The Motion is opposed by Mr Zoabi, the applicant in the substantive proceedings, and the Council neither consents to, nor opposes the Motion. 4. The s34AA conciliation and hearing is listed to commence on site tomorrow on Wednesday, 13 March 2019 at 9.30am. 5. The Court has power to make an order for joinder pursuant to s 8.15(2) of the Environmental Planning and Assessment Act 1979 (EPA Act). Section 8.15(2) states: The Court may, at any time, on the application of a person or of its own motion, order the joinder of a person as a party to the appeal if the Court is of the opinion: (a) that the person is able to raise an issue that should be considered in relation to the appeal but would not be likely to be sufficiently addressed if the person were not joined as a party, or (b) that: (i) it is in the interests of justice, or (ii) it is in the public interest, that the person be joined as a party to the appeal. 1. At the hearing of this Motion, Mr Saravinovski submitted that he be joined on the basis that: 1. he is able to raise an issue that would not be adequately dealt with if I do not to make an order for joinder; and 2. it is in the interests of justice. 1. The questions for my consideration are, firstly, whether there is any issue identified by the applicant for joinder that ought to be raised in the proceedings that would not be adequately dealt with if I was not to make an order for joinder. The second question in this case is whether it is in the interests of justice that I make an order for joinder. The third question concerns whether, if I am satisfied that any one of the limbs within s 8.15(2) has been satisfied, I ought to exercise my discretion in favour of making the order for joinder.