The Bunker 2017 Pty Ltd v North Sydney Council [2019] NSWLEC 1241

Land and Environment Court New South Wales

Medium Neutral Citation: The Bunker 2017 Pty Ltd v North Sydney Council [2019] NSWLEC 1241 Hearing dates: 22 & 27 May 2019 Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders: (1) The Notices of Motion are granted. (2) The Owners – Strata Plan No 63731 are joined to proceedings 18/3225991; 18/326020 and 18/326024 as the Second Respondent. (3) The Second Respondent is granted access to the joint expert reports filed in all 3 sets of proceedings and may attend on the Registry now for copies. (4) The Second Respondent is to file and serve its Statement of Facts and Contentions in accordance with the findings set out in this judgment. (5) The Applicant is to file and serve any Amended Statement of Facts and Contentions in Reply by 30 May 2019. (6) The supplementary joint expert reports of town planning and building surveying are to be filed and served by 31 May 2019. (7) The hearing dates of 4 and 5 June 2019 are confirmed. Catchwords: JOINDER – application for joinder – statutory tests Legislation Cited: Environmental Planning and Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Morrison Design Partnership Pty Limited v North Sydney Council and Director-General of the Department of Planning (2008) 159 LGERA 361 Category: Procedural and other rulings Parties: The Bunker 2017 Pty Ltd (Applicant) North Sydney Council (Respondent) The Owners – Strata Plan No 63731 (Applicant on the motion for joinder) Representation: Counsel: T To (Respondent) H Irish (Applicant on the motion for joinder)