F & D Bonaccorso Pty Limited v City of Canada Bay Council [2006] NSWLEC 773

F & D Bonaccorso Pty Limited v City of Canada Bay Council [2006] NSWLEC 773

It is unnecessary to join the mortgagee as a party in these proceedings, as the relief sought does not affect the mortgagee's interest; however, notice should be given so the mortgagee can elect to participate or be heard if it wishes.

Parties
Applicant: F & D Bonaccorso Pty Limited; First Respondent: City of Canada Bay Council; Second Respondent: Arinson Pty Limited; Third Respondent: Omaya Holding Pty Limited; Fourth Respondent: Omaya Investments Pty Limited; Fifth Respondent: The Registrar General
Jurisdiction
Australia
Judgment Date
27 October 2006
Procedural Posture
Judicial Review/administrative Law; Land Law / Interlocutory/procedural Ruling
Outcome
Mortgagee not joined as a party; notice to be given to mortgagee.
Legal Topics
Joinder of Parties, Development Consent, Rectification of Register
Practice and Procedure Property Law Planning Law Joinder of Parties Development Consent Rectification of Register

Case Brief

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Parties

F & D Bonaccorso Pty Limited

Applicant

City of Canada Bay Council

First Respondent

Arinson Pty Limited

Second Respondent

Omaya Holding Pty Limited

Third Respondent

Omaya Investments Pty Limited

Fourth Respondent

The Registrar General

Fifth Respondent

Procedural Posture

Judicial Review/administrative Law; Land Law / Interlocutory/procedural Ruling

Legal Issues

  1. 1 Whether the registered mortgagee should be joined as a party or given notice of the proceedings

Ratio Decidendi

It is unnecessary to join the mortgagee as a party in these proceedings, as the relief sought does not affect the mortgagee's interest; however, notice should be given so the mortgagee can elect to participate or be heard if it wishes.

Court Disposition

Mortgagee not joined as a party; notice to be given to mortgagee.

Orders

  • The applicant's solicitor is directed to serve a letter on the registered first mortgagee informing it of the proceedings and adjournment, enclosing a copy of current application, pleadings, and submissions.