Sertari Pty Limited v Quakers Hill SPV Pty Limited

[2012] NSWCA 292

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal or judicial review
4. › Applicant not party to proceedings below
5. › Whether danger that proceedings could be disposed of without involvement of applicant
6. › Whether stay appropriate
7. › Land and Environment Court Act 1979 (NSW), s 34
1. Practice and Procedure
2. › Land and Environment Court
3. › Review of decision of Registrar
4. › Whether power of Judge of Land and Environment Court to review decision of Registrar
5. › Whether applicant for joinder is a 'party' for purposes of review
6. › Uniform Civil Procedure Rules 2005 (NSW), r 49.19

Quick Take

A non-party applicant for joinder in the Land and Environment Court may have standing to seek review of a Registrar's refusal of joinder before a judge of that Court under UCPR r 49.19, notwithstanding Lowy v Land and Environment Court. However, this was expressed only as a tentative view without the benefit of argument. A stay of Land and Environment Court proceedings may be granted by the Court of Appeal where there is a risk that proceedings could be disposed of (including by s 34 agreement) without the involvement of a party whose joinder application is under appeal.