JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice — application for joinder dismissed
Quick Take
1An application for joinder under s 8.15(2)(a) of the Environmental Planning and Assessment Act 1979 (NSW) will fail where the issues the applicant for joinder proposes to raise are already squarely raised in the council's Statement of Facts and Contentions and are required to be considered by the Court in assessing the proposed development.
2Where the statutory test for joinder under s 8.15(2) is not satisfied, the same considerations inform the discretion to grant a Double Bay Marina order under s 38(2) of the Land and Environment Court Act 1979 (NSW), and relief in that alternative form may likewise be declined.
3Community consultation and public participation do not entitle objectors to be joined as adversarial parties merely because they are dissatisfied with a merit outcome; provided there is adequate opportunity for issues to be put forward and those issues are addressed, joinder is not necessary in the interests of justice.
