Basscave Pty Limited v Hawkesbury City Council

Land and Environment Court New South Wales Case Name:  Basscave Pty Limited v Hawkesbury City Council Medium Neutral Citation:  [2015] NSWLEC 1030 Hearing Date(s):  19 February 2015 Date of Orders: 19 February 2015 Decision Date:  19 February 2015 Jurisdiction:  Class 1 Before:  Dixon C Decision:  See paragraph [36] Catchwords:  PROCEDURE – successful application for joinder of third party in Class 1 proceedings under s 39A of the Land and Environment Court Act 1979 Legislation Cited:  Land and Environment Court Act 1979 Hawkesbury Local Environment Plan 2012 Cases Cited:  Blacktown City Council v Haddad [2012] NSWLEC 224 Dooralong Residents Action Group Pty Limited v Wyong Shire Council (2011) 186 LGERA 274 Morrison Design Partnership Pty Limited v North Sydney Council [2007] NSW LEC 802; 159 LG ERA 361 Category:  Principal judgment Parties:  Basscave Pty Limited (Applicant) Marshall Rural Pty Limited (Applicant for joinder) Hawkesbury City Council (Respondent) Representation:  Counsel: Craig Legget SC (Applicant) Adrian Galasso SC (Applicant on joinder application) Stephen Griffiths (Solicitor) (Respondent) Solicitors: Doyle Wilson Solicitors (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):  11052 & 11053 of 2014 EXTEMPORE JUDGMENTThis decision was given as an extemporaneous decision. It has been revised and edited prior to publication.Marshall Rural Pty Limited (Marshall) seeks to be joined as a party in two development appeals which are presently listed for an onsite s34 conciliation conference tomorrow.To that end, Marshall has filed two notices of motion dated 13 February 2015 seeking orders for joinder under s39A of the Land and Environment Court Act...