Woolworths Limited v The Warehouse Group (Australia) Pty Limited and Another [2004] NSWLEC 748

Woolworths Limited v The Warehouse Group (Australia) Pty Limited and Another [2004] NSWLEC 748

Order 1 was stayed until 10.00am on 13 January 2005 because the Court was not satisfied that a short stay would cause environmental harm or adverse impact, and the first respondent needed a final short opportunity to bring the operating retail store into compliance or demonstrate substantial and significant efforts to do so, particularly where immediate compliance might require closing the store and jeopardising 40 employees' livelihoods.

Jurisdiction
Australia
Judgment Date
14 December 2004
Procedural Posture
Injunctions and Declarations / Application for Stay
Outcome
Stay granted until 10.00am on 13 January 2005; costs reserved.
Legal Topics
['stay of Orders' 'retail Store Compliance' 'injunctions and Declarations']
['environmental Planning' 'civil Procedure'] ['stay of Orders' 'retail Store Compliance' 'injunctions and Declarations']

Case Brief

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Procedural Posture

Injunctions and Declarations / Application for Stay

Legal Issues

  1. 1 ['Whether Order 1 made by the Court on 13 December 2004 should be stayed for a short period.' 'Whether particular items such as Christmas trees and Christmas decorations should be excluded from the stay.' 'Whether the first respondent should be given a final opportunity to bring the store into compliance or show substantial and significant attempts to do so.']

Ratio Decidendi

Order 1 was stayed until 10.00am on 13 January 2005 because the Court was not satisfied that a short stay would cause environmental harm or adverse impact, and the first respondent needed a final short opportunity to bring the operating retail store into compliance or demonstrate substantial and significant efforts to do so, particularly where immediate compliance might require closing the store and jeopardising 40 employees' livelihoods.

Court Disposition

Stay granted until 10.00am on 13 January 2005; costs reserved.

Orders

  • ['Order 1 made by the Court on 13 December 2004 be stayed until 10.00am on 13 January 2005.' 'Costs in relation to today are reserved.']