Carlysle-Sainty v Coffs Harbour City Council

Land and Environment Court New South Wales Medium Neutral Citation: Carlysle-Sainty v Coffs Harbour City Council [2015] NSWLEC 37 Hearing dates:6 February 2015Date of orders: 06 February 2015 Decision date: 06 February 2015 Jurisdiction:Class 1Before: Preston CJ Decision: Orders as set out at [26] Catchwords: PRACTICE AND PROCEDURE – joinder – appeal against refusal of application to modify development consent – neighbour applies by motion to be joined as a party to appeal – parties apply by motion to dismiss neighbour’s motion and for costs – neighbour withdraws motion for joinder – no leave required to withdraw – parties’ motions dismissed – costs of parties’ motions – appropriateness of reserving costs – parties’ undertaking not to apply for costs unless neighbour re-applies to be joined as a party Legislation Cited: Civil Procedure Act 2005 Land and Environment Court Act 1979 s 34 Vexatious Proceedings Act 2008 s 13 Uniform Civil Procedure Rules 2005 rr 7.14, 12.1, 13.4 Category:Principal judgmentParties: Mr Ross Carlysle-Sainty and Mrs Eve Carlysle-Sainty (Applicants) Coffs Harbour City Council (Respondent) Representation: Counsel: Mr N M Eastman (Barrister) (Applicants) Mr M A Cottom (Solicitor) (Respondent) Mrs Klewer as agent for the applicant (Mr Klewer) on the motion for joinder via telephone Solicitors: Gadens Solicitors (Applicants) HWL Ebsworth (Respondent) File Number(s):10736 of 2014Publication restriction:NoJudgment Mr and Mrs Carlysle-Sainty own land known as 81D Old Bucca Road, Moonee Beach. Their land is located approximately 500 metres from Old Bucca Road. Access is gained from Old Bucca Road via a private road...