Blacktown City Council v Wilkie
[2001] NSWLEC 161
•07/10/2001
Land and Environment Court
of New South Wales
CITATION: Blacktown City Council v Wilkie and Ors [2001] NSWLEC 161 PARTIES: APPLICANT
RESPONDENTS
Blacktown City Council
Wilkie and OrsFILE 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 :
07/10/2001LEGAL REPRESENTATIVES:
APPLICANT
Mr D R Parry (Barrister)
SOLICITORS
Houston Dearn O'ConnorFIRST RESPONDENT
SECOND AND THIRD RESPONDENTS
in person
SOLICITORS
N/A
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
- Applicant
- First Respondent
MARK REID trading as GRAVEYARD RECYCLING and
THE GRAVEYARD RECYCLING
- Second Respondent
Third Respondent
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.
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