Lindvest DM Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1195

Land and Environment Court New South Wales

Medium Neutral Citation: Lindvest DM Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1195 Hearing dates: 4 February 2020 Date of orders: 28 April 2020 Decision date: 28 April 2020 Jurisdiction: Class 1 Before: Froh R Decision: The Court orders that: (1) The Notice of Motion for joinder is dismissed. Catchwords: JOINDER – application for joinder – statutory tests Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Morrison Design Partnership Pty Ltd v North Sydney Council (2007) 159 LGERA 361; [2007] NSWLEC 802 Texts Cited: Land and Environment Court of New South Wales Practice Note – Class 1 Development Appeals Category: Procedural and other rulings Parties: Lindvest DM Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Christina Sau-Ning Koo (First Applicant for Joinder) Stephen Koo (Second Applicant for Joinder) Representation: Counsel: M Seymour (Applicants for Joinder) H Irish (Applicant) M Hanna (Solicitor) (Respondent)

Solicitors: Malouf Solicitors (Applicants for Joinder) Project Lawyers (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2018/365057 Publication restriction: No

Judgment 1. By Notice of Motion filed on 16 January 2020 (Motion), Christina Sau-Ning Koo and Stephen Koo seek an order that they be joined as parties to the Class 1 appeal under s 8.15(2) of the Environmental Planning and Assessment Act 1979 (EP&A Act). 2. The Motion is supported by two affidavits, affirmed by: 1. Christina Sau-Ning Koo on 21 December 2019 and filed on 16 January 2020 (the first applicant for joinder); and 2. Tony Moody on 22 December 2019 and filed on 16 January 2020; 1. Lindvest DM Pty Ltd (Lindvest), the applicant in the Class 1 appeal opposes the Motion and seeks an order that it be dismissed. 2. Ku-ring-gai Council (Council), the respondent to the Class 1 appeal, neither consents to nor opposes the orders sought by the applicants for joinder. 3. Lindvest relies on two affidavits, affirmed by: 1. Alexander Ostermayer on 24 January 2020 and filed on that date; and 2. Alexander Ostermayer on 31 January 2020 and filed on that date. 1. Lindvest also relies on: 1. Council's Statement of Facts and Contentions filed on 28 February 2019; 2. Lindvest's Statement of Facts and Contentions in Reply filed on 24 July 2019; 3. Short Minutes of Order filed in Court on 4 October 2019; and 4. Land and Environment Court of New South Wales Practice Note – Class 1 Development Appeals dated 29 March 2018 (commenced 3 April 2018).