Stankovic v The Hills Shire Council and Namul Pty Ltd

[2017] NSWCA 49

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave to appeal
4. › No question of principle
5. › No error demonstrated
6. › Leave refused
1. Practice and Procedure
2. › Joinder of parties
3. › Land and Environment Court proceedings
4. › Whether applicant satisfied tests for joinder under s 39A
5. › Whether issue sought to be raised already conclusively determined
6. › Land and Environment Court Act 1979 (NSW), s 39A
1. Practice and Procedure
2. › Res judicata
3. › Issue estoppel
4. › Whether ownership of land conclusively determined in earlier proceedings
5. › Whether applicant precluded from re-agitating ownership claim in subsequent proceedings

Quick Take

A party whose ownership of land has been conclusively determined against them in prior proceedings cannot use an application for joinder in subsequent development application proceedings to re-agitate the ownership question. The matter is res judicata and does not satisfy the tests for joinder under s 39A of the Land and Environment Court Act 1979 (NSW).