Mosman Council will appeal the Land and Environment Court decision on mergers to the NSW Court of Appeal

MOSMAN Council had a technical victory in its anti-merger case in the Land and Environment Court, but will nevertheless appeal to a higher court.

Delegate Ian Reynolds, now Central Coast Council administrator. Picture: Peter Clark

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MOSMAN Council will appeal against part of the decision in its Land and Environment Court case against forced mergers.

Justice Tim Moore ruled last week that the proposed merger of Mosman with North Sydney and Willoughby councils remained in the hands of the delegate, because one of the specific complaints raised by the councils was valid.

But Justice Moore also concluded that none of the general complaints about the proposed amalgamation process for Mosman and North Sydney was well founded.

“Those complaints provide no basis to prevent this amalgamation from proceeding,” he said.

Mosman Council’s lawyers filed a notice of intention to appeal in the Court of Appeal this week. Grounds of appeal are yet to be determined.

Council’s decision to appeal follows its closed extraordinary meeting to discuss the court decision.

Council also wrote to delegate Ian Reynolds asking him to use up-to-date information and consult widely before completing any new report.

Mr Reynolds is now Central Coast Council administrator.

Mosman mayor Peter Abelson said this raised the question of independence.

“I can foreshadow that council will be seeking to have significant input into any revised report by a delegate,” he said.

Councillor Simon Menzies will propose splitting North Sydney, with half to merge with Willoughby and half with Mosman, at Tuesday’s Mosman Council meeting.

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