Lahoud v Willoughby City Council

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Case Copied 38 min read

Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Lahoud v Willoughby City Council [2022] NSWCA 214
Hearing dates: 19 October 2022
Date of orders: 21 October 2022
Decision date: 21 October 2022
Before: Ward P; Mitchelmore JA
Decision:

1.   Leave to appeal refused with costs.

Catchwords:

APPEALS — Leave to appeal — Interlocutory decision of the Land and Environment Court to refuse joinder of the Willoughby Local Planning Panel to proceedings — Whether joinder of the Panel to the judicial review proceeding was mandatory pursuant to r 59.3(4) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) — Whether primary judge erred in not exercising the discretion under r 6.24 of the UCPR to join the Panel as a necessary or proper party to the proceeding — Leave to appeal refused

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Environmental Planning and Assessment Act 1979 (NSW), ss 2, 4, 8, 9, 20, Pt 4 Div 4.2

Environmental Planning and Assessment and Electoral Legislation Amendment (Planning Panels and Enforcement) Act 2017(NSW))

Environmental Planning and Assessment Regulation 2000 (NSW)

Interpretation Act 1987 (NSW), s 49(6)

Land and Environment Court Act 1979 (NSW), s 20

Supreme Court Act 1970 (NSW), s46A

Uniform Civil Procedure Rules (Amendment No 58) Act 2013 (NSW)

Uniform Civil Procedure Rules 2005 (NSW)rr 6, 59

Cases Cited:

Be Financial Pty Ltd v Das [2012] NSWCA 164

Boga v AAI Limited trading as AAMI [2022] NSWSC 560

Burwood Area Community Housing Limited v Sutherland Shire Council (2006) 146 LGERA 91; [2006] NSWLEC 313

Carolan v AMF Bowling Pty Limited [1995] NSWCA 69

Coffs Harbour City Council v Noubia Pty Limited [2022] NSWCA 32

Coulter v The Queen (1998) 164 CLR 350; [1988] HCA 3

House v The King (1936) 55 CLR 499; [1936] HCA 40

Hunters Hill Council v Minister for Local Government (2017) 224 LGERA 1; [2017] NSWCA 188

In re The Will of FB Gilbert (1946) 46 SR (NSW) 318

Jaycar Pty Ltd v Lombardo [2011] NSWCA 284

Lahoud v Willoughby City Council [2022] NSWLEC 125

Micallef v ICI Australia Operations Pty Ltd [2001] NSWCA 274

Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd (2018) 236 LGERA 176; [2018] NSWCA 304

News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410; [1996] FCA 870

PE Bakers Pty Ltd v Yehuda (1988) 15 NSWLR 437

Pegang Mining Co Ltd v Choong Sam [1969] 2 MLJ 52

Polo Enterprises Australia Pty Ltd v Pinctada Hotels and Resorts Pty Ltd [2015] NSWCA 397

PPK Willoughby Pty Ltd v Baird [2021] NSWCA 312

Pselletes v Randwick City Council (2009) 77 NSWLR 287; [2009] NSWCA 262

R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13

R v Toohey; Ex parte Attorney-General (NT) (1980) 145 CLR 374; [1980] HCA 2

Ross v Lane Cove Council (2014) 86 NSWLR 34; [2014] NSWCA 50

Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597

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Details
Case
[2022] NSWCA 214
Decision Date

CaseChat Overview and Summary

The case of *Lahoud v Willoughby City Council* concerned an application for leave to appeal an interlocutory decision of the Land and Environment Court. The primary dispute involved a judicial review proceeding where the applicant sought to join the Willoughby Local Planning Panel as a party. The applicant contended that joinder of the Panel was mandatory under rule 59.3(4) of the *Uniform Civil Procedure Rules 2005* (NSW) (UCPR), or alternatively, that the primary judge erred in not exercising discretion under rule 6.24 of the UCPR to join the Panel as a necessary or proper party.

The Court of Appeal was required to determine whether the Land and Environment Court judge had erred in refusing to join the Willoughby Local Planning Panel to the judicial review proceedings. This involved considering the interpretation and application of rule 59.3(4) of the UCPR, which pertains to mandatory joinder, and rule 6.24 of the UCPR, which governs the discretionary joinder of parties as necessary or proper.

Ward P and Mitchelmore JA refused leave to appeal. Their Honours concluded that the joinder of the Panel was not mandatory under rule 59.3(4) of the UCPR. Furthermore, they found no error in the primary judge's exercise of discretion under rule 6.24, determining that the Panel was not a necessary or proper party to the judicial review proceeding in the circumstances. Consequently, leave to appeal was refused.

Orders

Orders of the court

1. Leave to appeal refused with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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