Anderson v City of Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Anderson v City of Sydney Council [2015] NSWLEC 1135 Hearing dates:07 May, 2015Date of orders: 07 May 2015 Decision date: 07 May 2015 Jurisdiction:Class 1Before: O’Neill C Decision: The notice of motion of Macleay Regis Limited dated 1 May 2015 is dismissed. Catchwords: PRACTICE AND PROCEDURE: Joinder of party; neighbouring residential flat building seeking to be joined to development appeal. 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 (2008) 159 LGERA 361 Category:Procedural and other rulingsParties: Macleay Regis Limited (Applicant on the motion) Dirk Anderson (Applicant in the proceedings) Council of the City of Sydney (Respondent) Representation: Counsel: Mr T. Hale SC (Applicant on the motion) Ms S. Duggan SC (Applicant in the proceedings) Ms F. Berglund Barrister (Respondent) Solicitors: Minter Ellison (Applicant on the motion) Gadens Lawyers (Applicant in the proceedings) Council of the City of Sydney (Respondent) File Number(s):10997 of 2014Judgment COMMISSIONER: The Macleay Regis Limited, by notice of motion dated 1 May 2015, seeks an order pursuant to s 39A of the Land and Environment Court Act 1979 (LEC Act), to be joined as a party to these proceedings as a second respondent. This motion came before me today for hearing. Background The Macleay Regis is a block of company title apartments located at 10-12 Macleay Street, Potts Point. The Macleay Regis is...