Blakeney v Mosman Council [2013] NSWLEC 37

Blakeney v Mosman Council [2013] NSWLEC 37

The issues which Mr and Mrs Simpson sought to raise as grounds for joinder—public road status and Aboriginal heritage—are or will be sufficiently addressed by the respondent Council and the evidence before the Court. Exercising discretion under s 39A, it was neither necessary nor in the interests of justice to join Mr and Mrs Simpson as parties, as the just, quick and cheap disposition of the proceedings would not be advanced by their joinder.

Parties
Applicant: Michael Blakeney; Respondent: Mosman Council
Jurisdiction
Australia
Judgment Date
18 March 2013
Procedural Posture
Class 1 Development Appeal / Interlocutory Motion for Joinder of Parties
Outcome
Motion for joinder dismissed; no order as to costs.
Legal Topics
Joinder of Parties, Development Applications, Public Roads, Aboriginal Heritage, Practice and Procedure
Planning and Environment Law Civil Procedure Joinder of Parties Development Applications Public Roads Aboriginal Heritage Practice and Procedure

Case Brief

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Parties

Michael Blakeney

Applicant

Mosman Council

Respondent

Procedural Posture

Class 1 Development Appeal / Interlocutory Motion for Joinder of Parties

Legal Issues

  1. 1 Whether adjoining landowners (Mr and Mrs Simpson) should be joined as parties to the appeal under s 39A of the Land and Environment Court Act 1979
  2. 2 Whether issues concerning public road status and Aboriginal heritage are sufficiently addressed without joinder

Ratio Decidendi

The issues which Mr and Mrs Simpson sought to raise as grounds for joinder—public road status and Aboriginal heritage—are or will be sufficiently addressed by the respondent Council and the evidence before the Court. Exercising discretion under s 39A, it was neither necessary nor in the interests of justice to join Mr and Mrs Simpson as parties, as the just, quick and cheap disposition of the proceedings would not be advanced by their joinder.

Court Disposition

Motion for joinder dismissed; no order as to costs.

Orders

  • The notice of motion for joinder is dismissed.
  • No order as to costs.