NSW Caselaw
> Reported Decision : (2003) 133 LGERA 114
Land and Environment Court of New South Wales
CITATION : Westfield Management Ltd & Ors v Direct Factory Outlets Homebush Pty Limited & Ors [2003] NSWLEC 258 APPLICANT Westfield Management Ltd & Ors PARTIES : RESPONDENTS Direct Factory Outlets Homebush Pty Limited & Ors FILE NUMBER(S) : 40871 of 2002 CORAM: Pain J KEY ISSUES: Practice and Procedure :- application for stay of proceedings until proceedings in the Federal Court based on the Trade Practices Act 1974 (Cth) are determined - whether factors required to satisfy granting of stay have been met - whether there is a serious question to be tried and what are the likely prospects of success - balance of convenience - no undertaking to pay damages - whether stay should be refused in interests of justice and to prevent an abuse of process Environmental Planning and Assessment Act 1979 s 123 LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 12 r 1 Trade Practices Act 1974 (Cth) s 45D, s 45DA, s 80 F Hannan Pty Ltd v Electricity Commission of New South Wales [No 3] (1985) 66 LGRA 307; CASES CITED: Minister for Local Government v South Sydney City Council (No 3) [2002] NSWCA 327; Sterling Pharmaceuticals Pty Limited v The Boots Company (Australia) Pty Limited (1992) 34 FCR 287 DATES OF HEARING: 12/09/2003 DATE OF JUDGMENT: 09/15/2003
APPLICANTS Mr IM Jackman SC with Mr J Staljar (barrister) SOLICITORS Speed and Stracey
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