Brooking v State of Western Australia

[2013] FCA 698

FEDERAL COURT OF AUSTRALIA

Brooking v State of Western Australia [2013] FCA 698 

Citation:		Brooking v State of Western Australia [2013] FCA 698
Parties:		GEORGE BROOKING AND OTHERS v STATE OF WESTERN AUSTRALIA AND OTHERS
File number:		WAD 94 of 2012
Judge:		GILMOUR J
Date of judgment:		13 June 2013
Date of hearing:	13 June 2013
Place:	Perth
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	2
Counsel for the Shire of Derby-West Kimberley:	Mr P Wittkuhn
Solicitor for the Shire of Derby-West Kimberley:	McLeods Barristers & Solicitors

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 94 of 2012

BETWEEN:	GEORGE BROOKING AND OTHERS Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	GILMOUR J
DATE OF ORDER:	13 JUNE 2013
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.        The Shire of Derby-West Kimberley be added as a party (respondent) to the application.

2.The party list be amended by the creation of a new group of respondents entitled “Government Interests – Local Government”, and the Shire of Derby-West Kimberley be included in that group.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 94 of 2012

BETWEEN:	GEORGE BROOKING AND OTHERS Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	GILMOUR J
DATE:	13 JUNE 2013
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This is an interlocutory application to join parties to the main application after the relevant period contained in an application dated 22 May 2013.  It is supported by an affidavit of Noel Alexander Myers affirmed on 16 May 2013.  The orders sought are set out on pg 3 of the interlocutory application.  The application has been served on all of the parties.  The Court has been provided with written consents to the orders sought, other than in respect of four of the respondents who, I am advised by counsel appearing before me today for the applicant on the interlocutory application, are within the mining sphere, but they too have been served. 

2. Having considered the content of the affidavit of Mr Myers who is the Shire Planner of the Shire of Derby-West Kimberley, I am satisfied that there is a proper basis for the orders which are sought in the interlocutory application, and I will so order so that:

   1.The Shire of Derby-West Kimberley be added as a party (respondent) to the application.

   2.The party list be amended by the creation of a new group of respondents entitled “Government Interests – Local Government”, and the Shire of Derby-West Kimberley be included in that group.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       19 July 2013