Winten (No 21) Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1426

Land and Environment Court New South Wales

Medium Neutral Citation: Winten (No 21) Pty Ltd v Lake Macquarie City Council [2019] NSWLEC 1426 Hearing dates: 15 August 2019; 22 August 2019 Date of orders: 09 September 2019 Decision date: 09 September 2019 Jurisdiction: Class 1 Before: Froh R Decision: The orders of the Court are: (1) Newcastle City Council is joined as the Fifth Respondent to these proceedings. (2) Leave is granted for the Fifth Respondent to rely on the Statement of Facts of Contentions filed and served by the Fifth Respondent on 1 August 2019. (3) The Applicant is to file and serve its Statement of Facts and Contentions in Reply by 24 September 2019. (4) The orders made on 6 September 2019 in these proceedings are confirmed. (5) The section 34 conciliation conference listed on 30 September, 1 October and 2 October 2019 is confirmed. Catchwords: JOINDER – application for joinder – statutory tests Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: Winten (No 21) Pty Ltd (Applicant) Lake Macquarie City Council (First Respondent) Roads and Maritime Services (Second Respondent) Crown in the Right of New South Wales (National Parks and Wildlife Service) (Third Respondent) Secretary of the Department of Planning, Industry and Environment (Fourth Respondent) Newcastle City Council (Applicant on the Motion for joinder) Representation: Counsel: G Farland (Applicant) N Lambrinos (Solicitor) (First Respondent) Dr J Smith (Applicant for joinder) F Berglund (Second Respondent)