s 25(2) of the Land and Environment Court Act 1979 (NSW)
statutory construction
Quick Take
1Section 25(2) of the Land and Environment Court Act 1979 (NSW) confers a discretionary power, not a power coupled with a duty: the word 'may' signifies discretion consistent with s 9(1) of the Interpretation Act 1987 (NSW), and is to be contrasted with the use of 'shall' in s 25(1).
2Construing s 25(2) as mandatory would operate inconsistently with the Just Terms Act scheme under which each person with an estate or interest has a separate and independent claim for compensation to be pursued in separate proceedings.
3A speculative concern that a party might discontinue its own proceedings is not a sufficient basis for exercising the discretion to order joinder where the issues can be adequately managed through concurrent hearings and case management.
Case Details
Citation[2026] NSWLEC 86
CourtNSWLEC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.
