JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — costs
Quick Take
1An applicant for joinder under s 8.15(2)(a) of the EPA Act must demonstrate that they raise an issue that would not likely be sufficiently addressed in the appeal without their joinder; where the respondent council has already squarely raised and particularised the same issue (here, view loss and visual impact) in its Statement of Facts and Contentions, the statutory test is not met.
2Where objectors seeking joinder have been afforded opportunities to participate in the conciliation process, have had their submissions placed before the conciliating commissioner, and have declined offers to submit expert evidence as an alternative to joinder, pursuing an unmeritorious joinder application may attract an adverse costs order under r 3.7 of the Land and Environment Court Rules 2007.
