WOOLWORTHS LTD v CAMPBELLS CASH and CARRY PTY LTD [NO 2] [1996] NSWCA 563

WOOLWORTHS LTD v CAMPBELLS CASH and CARRY PTY LTD [NO 2] [1996] NSWCA 563

Orders and declarations should be limited to restraining retail selling from the respondent's premises to ultimate consumers who are ordinary members of the public or professional people, as prohibited by the relevant development consents.

Source-derived case information.

Parties
Appellant: Woolworths Ltd; Respondent: Campbells Cash and Carry Pty Ltd
Jurisdiction
Australia
Judgment Date
22 November 1996
Procedural Posture
Appeal / Post Judgment Orders
Outcome
appeal allowed
Legal Topics
Development Consents, Retail Selling, Injunctive Relief
Planning and Environmental Law Development Consents Retail Selling Injunctive Relief

Source-derived case record

Summary, issues, holding and outcome

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Parties

Woolworths Ltd

Appellant

Campbells Cash and Carry Pty Ltd

Respondent

Procedural Posture

Appeal / Post Judgment Orders

Legal Issues

  1. 1 Whether the respondent's trading operations include an element of retail selling not permitted by the development consents
  2. 2 Scope and bounds of the development consents with respect to permitted sales activities
  3. 3 Appropriate injunctive relief and declarations concerning retail selling

Ratio Decidendi

Orders and declarations should be limited to restraining retail selling from the respondent's premises to ultimate consumers who are ordinary members of the public or professional people, as prohibited by the relevant development consents.

Court Disposition

appeal allowed

Orders

  • Appeal allowed
  • Order made by Bannon J on 26 May 1993 set aside