GAZCORP PTY LTD v WESTFIELD MANAGEMENT PTY LTD & ANOR [2004] NSWCA 294

GAZCORP PTY LTD v WESTFIELD MANAGEMENT PTY LTD & ANOR [2004] NSWCA 294

There are no grounds to further extend the stay as there is no current will or likelihood of obtaining a valid development consent within the period sought; the pending proceedings and associated matters are speculative and outside the scope for granting a further stay.

Parties
Applicant: Gazcorp Pty Ltd; First Respondent: Westfield Management Pty Ltd; Second Respondent: Kent Street Pty Ltd
Jurisdiction
Australia
Judgment Date
25 August 2004
Procedural Posture
Application for Extension of Stay / Post Judgment Application
Outcome
application refused with costs
Legal Topics
Extension of Stay, Development Consent, Challenge to Minister's Decision
Planning and Environment Law Extension of Stay Development Consent Challenge to Minister's Decision

Case Brief

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Parties

Gazcorp Pty Ltd

Applicant

Westfield Management Pty Ltd

First Respondent

Kent Street Pty Ltd

Second Respondent

Procedural Posture

Application for Extension of Stay / Post Judgment Application

Legal Issues

  1. 1 Whether a further extension of stay should be granted where proceedings are pending in the Land and Environment Court challenging the Minister's refusal to amend the LEP

Ratio Decidendi

There are no grounds to further extend the stay as there is no current will or likelihood of obtaining a valid development consent within the period sought; the pending proceedings and associated matters are speculative and outside the scope for granting a further stay.

Court Disposition

application refused with costs

Orders

  • application for further extension of stay refused
  • applicant to pay costs