GAZCORP PTY LTD v WESTFIELD MANAGEMENT PTY LTD & ANOR [NO 3] [2004] NSWCA 215

GAZCORP PTY LTD v WESTFIELD MANAGEMENT PTY LTD & ANOR [NO 3] [2004] NSWCA 215

Given the identifiable hardship to tenants and employees, the significant progress made toward securing Ministerial approval of the amended LEP, and the imminent prospect of development consent, a further short extension of the stay of the restraining order is appropriate, balancing enforcement of planning laws against irretrievable harm to third parties.

Jurisdiction
Australia
Judgment Date
28 June 2004
Procedural Posture
Application for Stay / Interlocutory Application in Court of Appeal; Extension of Stay Pending Possible Approval of Amended LEP and Further Development Consent
Outcome
Stay of operation of restraining order extended until 14 July 2004; costs awarded to claimant for this motion; motion stood over to 14 July 2004.
Legal Topics
['development Consent' 'local Environmental Plan Amendment' 'extension of Interlocutory Stay' 'hardship to Tenants' 'ministerial Approval Process']
['planning and Environment Law'] ['development Consent' 'local Environmental Plan Amendment' 'extension of Interlocutory Stay' 'hardship to Tenants' 'ministerial Approval Process']

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Procedural Posture

Application for Stay / Interlocutory Application in Court of Appeal; Extension of Stay Pending Possible Approval of Amended LEP and Further Development Consent

Legal Issues

  1. 1 ['Whether to grant a further extension of the stay of restraining order preventing change of use of premises pending Ministerial determination of amended LEP and potential development consent']

Ratio Decidendi

Given the identifiable hardship to tenants and employees, the significant progress made toward securing Ministerial approval of the amended LEP, and the imminent prospect of development consent, a further short extension of the stay of the restraining order is appropriate, balancing enforcement of planning laws against irretrievable harm to third parties.

Court Disposition

Stay of operation of restraining order extended until 14 July 2004; costs awarded to claimant for this motion; motion stood over to 14 July 2004.

Orders

  • ['The stay of the operation of order 2 made on 31 March 2004 is extended up to and including 14 July 2004.' "Opponent to pay the claimant's costs of this notice of motion." "Notice of motion stood over to 14 July 2004 with liberty to restore on forty-eight hours' notice."]