Parramatta City Council -v- P T Limited & Anor [1999] NSWLEC 66

Land and Environment Court of New South Wales CITATION: Parramatta City Council -v- P T Limited & Anor [1999] NSWLEC 66

PARTIES APPLICANT: PARRAMATTA CITY COUNCIL

RESPONDENT: P T LIMITED RODAMCO AUSTRALIA MANAGEMENT PTY LTD

NUMBER: 40140 of 1996

CORAM: Lloyd J

KEY ISSUES: :- Injunctions and declarations - discretionary considerations

LEGISLATION CITED: Injunctions and declarations - discretionary considerations

DATES OF HEARING: 03/08/1999; 03/09/1999

DATE OF JUDGMENT DELIVERY: 03/26/1999

Applicant: P C Tomasetti Solicitors: Storey & Gough LEGAL REPRESENTATIVES: Respondent: R V Gyles QC with S A Duggan Solicitors: Mallesons Stephen Jaques

JUDGMENT: 1. Westfield Shopping Town at Parramatta is a large shopping centre owned by the respondents. Westfield Developments, now known as Westfield Development & Asset Management, is a division of Westfield Limited and has been appointed by the respondents to provide management and development services to the respondents in relation to the shopping centre.

2. The applicant seeks a declaration that the respondents are in breach of the Environmental Planning & Assessment Act 1979 in that they are using the loading docks at the shopping centre otherwise than in accordance with a development consent granted on 25 October 1994. The applicant seeks an order restraining the respondents from using the loading docks until there is compliance with condition 42 of the consent, which limits the hours of operation of those loading docks which are in Campbell Street, Parramatta.