Western Australian Planning Commission v Southregal Pty Ltd [2017] HCA 7

HIGH COURT OF AUSTRALIA

KIEFEL, BELL, GAGELER, KEANE AND NETTLE JJ

Matter No P47/2016

WESTERN AUSTRALIAN PLANNING COMMISSION APPELLANT

AND

SOUTHREGAL PTY LTD & ANOR RESPONDENTS

Matter No P48/2016

WESTERN AUSTRALIAN PLANNING COMMISSION APPELLANT

AND

TREVOR NEIL LEITH RESPONDENT

Western Australian Planning Commission v Southregal Pty Ltd Western Australian Planning Commission v Leith [2017] HCA 7 8 February 2017 P47/2016 & P48/2016

ORDER

Matter No P47/2016

1. Appeal allowed.

2. Set aside orders (a) and (b) of the Court of Appeal of the Supreme Court of Western Australia made on 24 March 2016, and in their place order that:

(a) appeal allowed;

(b) the respondents pay the appellant's costs; and

(c) set aside orders 2, 3 and 4 of Beech J made on 22 December 2014, and in their place order that:

(i) the question of law be answered: No; and

(ii) the plaintiffs are to pay the defendant's costs.

3. The respondents pay the appellant's costs of the appeal to this Court.

Matter No P48/2016

1. Appeal allowed.

2. Set aside orders (a) and (b) of the Court of Appeal of the Supreme Court of Western Australia made on 24 March 2016, and in their place order that:

(a) appeal allowed;

(b) the respondent pay the appellant's costs; and

(c) set aside orders 2, 3 and 4 of Beech J made on 22 December 2014, and in their place order that:

(i) the question of law be answered: No; and

(ii) the plaintiff is to pay the defendant's costs.

3. The respondent pay the appellant's costs of the appeal to this Court.

On appeal from the Supreme Court of Western Australia

Representation

K M Pettit SC with T C Russell for the appellant in both matters (instructed by State Solicitor (WA))

D F Jackson QC with P McQueen for the respondents in both matters (instructed by Lavan)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.