Blakeney v Mosman Council [2013] NSWLEC 37

Land and Environment Court New South Wales

Medium Neutral Citation: Blakeney v Mosman Council [2013] NSWLEC 37 Hearing dates: 18 March 2013 Decision date: 18 March 2013 Jurisdiction: Class 1 Before: Craig J Decision: Motion dismissed Catchwords: PRACTICE AND PROCEDURE - joinder of parties - statutory power of joinder - adjoining landowner - no additional evidence to be lead by applicant for joinder - issues addressed by respondent Council. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Cases Cited: Freshwater Village Developments Pty Ltd v Warringah Council [2011] NSWLEC 5 The Carrick Group Pty Ltd v Blue Mountains City Council [2010] NSWLEC 205 The Sabian Mandaean Association in Australia Ltd v Wollondilly Shire Council [2009] NSWLEC 94 Category: Procedural and other rulings Parties: Michael Blakeney (Applicant) Mosman Council (Respondent) Representation: C Ireland (Applicant) C Rose, solicitor (Applicant for joinder) P C Tomasetti SC with A Hemmings (Respondent) Bartier Perry Solicitors (Applicant) Maddocks Solicitors (Applicant for joinder) Pikes & Verekers Lawyers (Respondent) File Number(s): 11022 of 2012

EX TEMPORE Judgment 1Janice Simpson and Bruce Simpson applied by notice of motion to be joined as parties to these proceedings. Their motion was heard on Monday last as the hearing for the principal proceedings was fixed to commence on Tuesday. At the conclusion of the hearing on Monday I announced that I proposed to dismiss the motion. As the hearing had occupied the entire day and as a site inspection, including the taking of evidence from residents, had been fixed for Tuesday, I indicated that I would give brief reasons for my decision this morning (Wednesday). These are those reasons.