Gazcorp Pty Ltd v Westfield Management Pty Ltd & Anor (No 2) [2004] NSWCA 130

Gazcorp Pty Ltd v Westfield Management Pty Ltd & Anor (No 2) [2004] NSWCA 130

There was a real though uncertain prospect of Gazcorp obtaining appropriate development consent within a reasonable time, and unwarranted hardship would result from enforcing the order prior to clarity; extension of the stay was proper to allow time for this without excessive delay.

Jurisdiction
Australia
Judgment Date
22 April 2004
Procedural Posture
Application for Extension of Stay / Post Appeal, Consequential Application
Outcome
Application granted
Legal Topics
['extension of Stay' 'unauthorised Use of Property' 'development Consent']
['injunctions' 'planning Law'] ['extension of Stay' 'unauthorised Use of Property' 'development Consent']

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Procedural Posture

Application for Extension of Stay / Post Appeal, Consequential Application

Legal Issues

  1. 1 ['Whether the stay of operation of the order restraining use of property as a warehouse clearance outlet should be extended due to changed circumstances']

Ratio Decidendi

There was a real though uncertain prospect of Gazcorp obtaining appropriate development consent within a reasonable time, and unwarranted hardship would result from enforcing the order prior to clarity; extension of the stay was proper to allow time for this without excessive delay.

Court Disposition

Application granted

Orders

  • ['Extension of the stay of operation of order (2) in order 3 made on 31 March 2004 until 30 June 2004.' "Westfield to pay Gazcorp's costs of the notice of motion."]