Land and Environment Court joins
Willoughby Council into Mosman and North Sydney legal proceedings
The Land and Environment Court yesterday (Thursday 26 May) joined Willoughby Council into Mosman Council and North Sydney Councils’ legal proceedings against the State Government regarding proposed Council mergers.
Willoughby Council’s lawyers appeared on behalf of Council in the Land & Environment Court to present Council’s resolution that they did not wish to be joined to the proceedings of either Mosman or North Sydney.
His Honour Justice Moore indicated he would join Willoughby Council as a party, giving Council the right to file a submitting appearance and take no active part in the proceedings.
Council will now serve a submitting appearance save as to costs. This allows Council to be joined to the proceedings as an observer while being largely protected from costs.
This follows a Willoughby Council meeting on Monday 23 May where Council resolved not to join proceedings led by Mosman and North Sydney Councils, after considering two pieces of correspondence:
- a Notice of Motion in proceedings no. 40395 of 2016, Mosman Council v Minister for Local Government (the Mosman proceedings). The Mosman proceedings attached a Notice of Motion seeking to join Willoughby; and
- A letter from Matthews Folbigg dated 20 May 2016, North Sydney Council v Minister for Local Government (the North Sydney proceedings). This letter suggested that the Council should be a party to the proceedings.
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