Aznavour Pty Ltd v City of Mandurah

The applicants, Aznavour Pty Ltd, Howson Nominees Pty Ltd, and Universal Pty Ltd, sought orders nisi for certiorari and a declaration against the City of Mandurah regarding its approval of a development proposal for a new shopping centre on the Centro Land, adjacent to the Aznavour Shopping Centre. The City of Mandurah had granted conditional approval on 20 February 2001, subject to a Traffic Management Plan being prepared. The applicants contended that subsequent resolutions on 25 October 2001 varied or revoked the original approval and conditions, rendering them invalid. The City of Mandurah and Centro Properties argued that the resolutions did not alter the original approval and conditions.

The court found that the terms of the resolutions of 25 October were arguable as a variation or revocation of the original approval and conditions. The resolutions appeared to allow the opening of Stage 1 of the Centro development without the required Traffic Management Plan being prepared, conflicting with the condition imposed on 20 February 2001. The court also found that the resolutions may lack finality, as they left open for later determination a fundamental aspect of the consent. The court concluded that the applicants had established an arguable case for the relief sought and granted the orders nisi for certiorari and a declaration.

The final orders were to be made on the return of the order nisi.