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

Land and Environment Court of New South Wales

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

PARTIES : FIRST RESPONDENT The Warehouse Group (Australia) Pty Limited

SECOND RESPONDENT Liverpool City Council FILE NUMBER(S) : 40805 of 2002 CORAM: Talbot J KEY ISSUES: Injunctions and Declarations :- stay. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 14/12/2004 EX TEMPORE 12/14/2004 JUDGMENT DATE :

APPLICANT Mr M S Henry (Barrister) SOLICITORS Mallesons Stephen Jacques

FIRST RESPONDENT LEGAL REPRESENTATIVES: Mr T F Robertson SC SOLICITORS Deacons

SECOND RESPONDENT Submitting appearance

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Talbot J

14 December 2004

40805 of 2002 Woolworths Limited v The Warehouse Group (Australia) Pty Limited and Another

JUDGMENT 1 Talbot J: I think that the Court would be descending into the very detail that it sought to avoid originally if, as suggested by the applicant, it took out particular items such as Christmas trees and Christmas decorations when nothing has been put to me (except a statement from the bar table that there is a potential economic detriment for the applicant) that would suggest environmental harm or adverse impact will occur if the orders are stayed for a short period of time. 2 We are dealing with a operating retail store. It is not a small operation by any means nor is it significantly large in the sense that it is David Jones or was the type of operation that was the subject of the recent proceedings against Gazcorp. Nevertheless I appreciate that commercially and in practical terms it will take time to bring it into compliance. 3 I am prepared to allow the respondent a final opportunity, and everybody in this courtroom will be aware of what I mean by a final opportunity given the history of this matter over the last 12 months and for the nine months since 12 March 2004, to bring the store into compliance or at least show a substantial and significant attempt to do so within a short period of time.