Robert Ferguson and Associates Pty Limited v Mosman Municipal Council

Land and Environment Court New South Wales Medium Neutral Citation: Robert Ferguson & Associates Pty Limited v Mosman Municipal Council [2016] NSWLEC 58 Hearing dates:12 February 2016Date of orders: 12 February 2016 Decision date: 12 February 2016 Jurisdiction:Class 1Before: Moore J Decision: At [24] Catchwords: JOINDER – application by neighbours to be joined to merit proceedings – likely s 34 agreement between development applicant and council – amended plans – applicants for joinder have seen and commented on amended plans – no basis for joinder – application refused Legislation Cited: Land and Environment Court Act 1979 Category:Procedural and other rulingsParties: Proprietors of SP77545 (First Applicant for Joinder) Robert Zink (Second Applicant for Joinder) Virginia Zink (Third Applicant for Joinder) Robert Ferguson & Associates Pty Limited (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicants for Joinder) Mr A Galasso SC (Applicant) Mr J Walsh, solicitor (Respondent)   Solicitors: Wilshire Webb Staunton Beattie Lawyers (Applicants for Joinder) Hones Lawyers (Applicant) Pikes & Verekers Lawyers (Respondent) File Number(s):10751 of 2013Publication restriction:NoEXTEMPORE Judgment HIS HONOUR: This Notice Of Motion is an application made by three parties, the proprietors of Strata Plan 77545 and Mr Robert and Ms Virginia Zink, to be joined as parties pursuant to s 39A of the Land and Environment Court Act 1979 (the Court Act) to proceedings 10751 of 2013. The proceedings, and the development application to which it relates, have an extensive procedural and litigation history, which is before me set out in the initial pages...