Blacktown City Council v Wilkie

Land and Environment Court

of New South Wales

CITATION: Blacktown City Council v Wilkie and Ors [2001] NSWLEC 161

PARTIES:
APPLICANT
Blacktown City Council
RESPONDENTS
Wilkie and Ors

FILE NUMBER(S): 40025 of 2001

CORAM: Pearlman J

KEY ISSUES: Practice and Procedure :- joinder

LEGISLATION CITED: Supreme Court Rules 1970 pt 8 r 8

CASES CITED:

DATES OF HEARING: 10/07/2001

EX TEMPORE
JUDGMENT DATE :
07/10/2001

LEGAL REPRESENTATIVES:

APPLICANT
Mr D R Parry (Barrister)
SOLICITORS
Houston Dearn O'Connor
FIRST RESPONDENT
in person
SOLICITORS
N/A
SECOND AND THIRD RESPONDENTS
Mr R W Killalea (Barrister)
SOLICITORS
Low & Associates

JUDGMENT:

IN THE LAND AND 40025 of 2001
ENVIRONMENT COURT

Pearlman J

OF NEW SOUTH WALES 10 July 2001

BLACKTOWN CITY COUNCIL

Applicant

MISTY WILKIE

First Respondent

MARK REID trading as GRAVEYARD RECYCLING and

THE GRAVEYARD RECYCLING

Second Respondent

GRAVEYARD RECYCLING PTY LTD

Third Respondent

JUDGMENT

1. The second application today is made by Ms Wilkie, who seeks the joinder of the registered proprietor of the land, a Mr Constantine, who has furnished some affidavits, two affidavits I think, in the council’s case.

2. The Court has power to join another party as a respondent under pt 8 r 8 of the Supreme Court Rules 1970. However, I am not prepared to grant that application. This case has been on foot for a long time. Ms Wilkie has known about the proceedings. The case has been set down for hearing once before and again for hearing today.

3. An application for joinder should not be made at the heel of the hunt. It should be made well ahead. In any event, I accept the submission of Mr Parry, for the council, that the joinder sought will make no difference because the orders, if any orders are made, will be made jointly and severally on all respondents. Hence I see no pressing reason why it is necessary to join Mr Constantine to these proceedings to rectify a breach of the law, and for that reason I dismiss that application.

CaseChat Overview and Summary

Blacktown City Council initiated proceedings against Misty Wilkie and two other respondents in the Land and Environment Court of New South Wales. The primary dispute centred on alleged breaches of environmental regulations, specifically concerning a recycling operation on the property. The council sought to enforce compliance and address the environmental concerns arising from the operation. During the proceedings, Misty Wilkie made an application to join the registered proprietor of the land, Mr Constantine, as a respondent, citing his involvement in the property and the potential relevance of his affidavits to the council's case.

The court was tasked with determining whether Mr Constantine should be joined as a respondent in the proceedings. The legal issue centred on the appropriate timing and necessity of joining a new party in ongoing litigation, particularly under the provisions of Part 8, Rule 8 of the Supreme Court Rules 1970. The court had to weigh the arguments for and against the joinder, considering the potential impact on the proceedings and the principle that applications for joinder should ideally be made well in advance of the hearing.

Pearlman J dismissed the application to join Mr Constantine as a respondent. The judge noted that the proceedings had been ongoing for some time, and Misty Wilkie had been aware of the litigation. The court observed that the application to join Mr Constantine came at a late stage, which was not conducive to fair and efficient judicial processes. Furthermore, the judge accepted the council's submission that any orders, if granted, would be made jointly and severally against all respondents. Consequently, the court concluded that there was no pressing reason to join Mr Constantine, given that the outcome would not be materially affected by his inclusion in the proceedings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	Blacktown City Council v Wilkie and Ors [2001] NSWLEC 161
PARTIES:	APPLICANT Blacktown City Council RESPONDENTS Wilkie and Ors
FILE NUMBER(S):	40025 of 2001
CORAM:	Pearlman J
KEY ISSUES:	Practice and Procedure :- joinder
LEGISLATION CITED:	Supreme Court Rules 1970 pt 8 r 8
CASES CITED:
DATES OF HEARING:	10/07/2001
EX TEMPORE JUDGMENT DATE :	07/10/2001
LEGAL REPRESENTATIVES:	APPLICANT Mr D R Parry (Barrister) SOLICITORS Houston Dearn O'Connor FIRST RESPONDENT in person SOLICITORS N/A SECOND AND THIRD RESPONDENTS Mr R W Killalea (Barrister) SOLICITORS Low & Associates