New South Wales Court of Appeal CITATION : GAZCORP PTY LTD v WESTFIELD MANAGEMENT PTY LTD & ANOR [NO 4] [2004] NSWCA 244 HEARING DATE(S) : 14 July 2004 JUDGMENT DATE : 14 July 2004 JUDGMENT OF : Sheller JA DECISION : 1 Stay of the operation of Order 2 made on 31 March 2004 will be extended up to and including 25 August 2004; 2 This application and the notice of motion filed on 7 July 2004 are adjourned to 25 August 2004 at 9.30 am before Sheller JA; 3 Counsel for the parties to furnish to me, within seven days, with submissions on the remitting of the notices of motion to the Land and Environment Court; 4 Liberty to the parties to apply on 48 hours' notice; 5 Costs of today reserved. CATCHWORDS : Extension of stay - development consent for change of use of premises Gazcorp Pty Ltd - Claimant PARTIES : Westfield Management Pty Ltd - First Opponent Kent Street Pty Ltd - Second Opponent FILE NUMBER(S) : CA 40090/04 COUNSEL : N A Hemmings QC - Claimant J A Ayling SC/J Jagot - Opponents SOLICITORS : Allens Arthur Robinson - Claimant Mallesons Stephen Jaques - Opponents LOWER COURT Land & Environment Court JURISDICTION : LOWER COURT LEC 40699/03 FILE NUMBER(S) : LOWER COURT Lloyd J JUDICIAL OFFICER : IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40090/04 LEC 40699/03 SHELLER JA Wednesday, 14 July 2004 GAZCORP PTY LTD v WESTFIELD MANAGEMENT PTY LTD & ANOR [NO 4] Judgment (Application for stay) 1 SHELLER JA: The orders that I propose to make are: 1. Stay of the operation of Order 2 made on 31 March 2004 will be extended up to and including 25 August 2004. 2. This application and the notice of motion filed on 7 July 2004 are adjourned to 25 August 2004 at 9.30 am before Sheller JA. 3. Counsel for the parties to furnish to me, within seven days, with submissions on the remitting of the notices of motion to the Land and Environment Court. 4. Liberty to the parties to apply on 48 hours' notice. 5. Costs of today reserved. ********** Last Modified: 07/16/2004 DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.