Ross v Lane Cove Council

The case of *Ross v Lane Cove Council* concerned an appeal to the Court of Appeal of New South Wales regarding orders made by the Land and Environment Court. The dispute involved the enforcement of planning laws, specifically an application by Lane Cove Council for an injunction to demolish unauthorised works and reinstate a property. The central issue revolved around whether the new registered owner of the property, who was not initially a party to the proceedings, should have been joined to the proceedings and bound by any orders made.

The Court of Appeal was required to determine whether the Land and Environment Court erred in making orders against a party who was not the registered owner at the time the orders were sought, and whether the new registered owner was a necessary party to the proceedings. Further, the Court considered the implications of the *Civil Procedure Act 2005* (NSW) and the Uniform Civil Procedure Rules 2005 regarding the joinder of parties directly affected by court orders, and the circumstances under which orders made in the absence of a necessary party could be set aside. The clarity and construction of injunctions, particularly whether an implied condition of owner's consent could exist, were also relevant considerations.

The Court of Appeal reasoned that the new registered owner was directly affected by the orders sought by the Council and therefore should have been joined as a party to the proceedings. The Court held that it was insufficient merely to notify the new owner; their joinder was necessary to ensure they were bound by any orders made and to provide them with an opportunity to be heard. Consequently, the Court allowed the appeal, set aside the orders made by the Land and Environment Court on 14 June 2013, and remitted the proceedings for determination in accordance with law. The Court also made no order as to the costs of the appeal or related notices of motion.