JOINDER — application for joinder — statutory tests — issues proposed to be raised by applicant for joinder — interest of justice — public interest — application for joinder dismissed
Quick Take
1An applicant for joinder under s 8.15(2) of the Environmental Planning and Assessment Act 1979 (NSW) bears the onus of making good the statutory test and must be ready to move on its motion when listed; it is inconsistent with s 56 of the Civil Procedure Act 2005 and UCPR r 31.17 to grant leave for expert evidence merely to determine a joinder application.
2The limb in s 8.15(2)(a) is not satisfied where the issues the proposed party wishes to raise (here hydrology, flooding, stormwater, bushfire, cultural heritage and biodiversity) are squarely raised and particularised in the consent authority's statement of facts and contentions, even if some particulars differ; a desire to engage one's own expert on a contention the Council is already pressing with its own experts is not a basis for joinder.
3Neither the fact that the appeal is against a deemed refusal, nor the Council's historical support for the development, nor a perceived limit on the time objectors may speak at a conciliation conference, nor the prospect of supportive speakers, makes joinder in the interests of justice or the public interest; the Council is bound by s 34(1A) of the Land and Environment Court Act 1979 to participate in good faith, and objectors have no entitlement to act as adversaries to the applicant.
