Lahoud v Willoughby City Council

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.