Denoc Holdings Pty Ltd v Orange City Council

Land and Environment Court New South Wales Medium Neutral Citation: Denoc Holdings Pty Ltd v Orange City Council [2016] NSWLEC 129 Hearing dates:26 September 2016Date of orders: 26 September 2016 Decision date: 26 September 2016 Jurisdiction:Class 1Before: Robson J Decision: (1)   The notice of motion filed by Dr Desmond Mulcahy in these proceedings on 21 September 2016 be dismissed. Catchwords: JOINDER – local objector – application for joinder – statutory tests – nature of issues proposed to be raised by applicant for joinder – issues likely to be sufficiently addressed by Local Council – public interest – joinder refused Legislation Cited: Land and Environment Court Act 1979 (NSW) Orange Development Control Plan 2004 Cases Cited: Morrison Design Partnership Pty Ltd v North Sydney Council (2007) 159 LGERA 361; [2007] NSWLEC 802 Suh v Liverpool City Council (2016) 216 LGERA 84; [2016] NSWLEC 25 Category:Procedural and other rulingsParties: Denoc Holdings Pty Ltd (Applicant) Orange City Council (Respondent) Dr Desmond Mulcahy (Applicant for Joinder) Representation: Counsel: T Flaherty (Applicant) R O’Gorman-Hughes (Applicant for Joinder)   Solicitors: Mills Oakley Lawyers (Applicant) Marsdens Law Group (Respondent) Campbell Paton & Taylor (Applicant for Joinder) File Number(s):2016/00183468EX TEMPORE Judgment By motion filed 21 September 2016, Dr Desmond Mulcahy seeks an order that he be joined as a party to these proceedings commenced by Denoc Holdings Pty Ltd (‘Denoc’). The primary proceedings are an appeal against Orange City Council’s (‘Council’) refusal of a development application seeking consent for significant alterations and additions to an existing house which is...