Bardsley-Smith v Penrith City Council (No 2)

In *Bardsley-Smith v Penrith City Council (No 2)*, the New South Wales Court of Appeal considered an application to vary or set aside an earlier order of the Court. The dispute concerned a declaration and injunction previously granted, which restrained the retail sale of items from certain premises, with specific exceptions for "PBS items, Prescription drugs and OTC drugs".

The primary legal issue before the Court of Appeal was whether the existing order, particularly the exceptions for pharmaceutical items, should be varied or set aside. This required the Court to assess the nature of the exceptions and their impact on the overall operation of the injunction.

The Court of Appeal confirmed that the earlier order made on 4 July 2013 was to have effect. This indicates that the Court found no sufficient grounds to vary or set aside the existing declaration and injunction, including the specified exceptions for pharmaceutical sales. The Court's decision implicitly upheld the terms of the original order as it stood.