Blacktown City Council v Concato

Blacktown City Council brought a claim against Concato, seeking a judicial review of a decision to grant a permit for a commercial development. The dispute arose from the alleged procedural unfairness in the decision-making process. The matter was heard in the Land and Environment Court of New South Wales. The primary legal issue the court had to address was whether the court should grant a stay of the administrative action pending the outcome of the judicial review. Another issue was the source of the power to grant such a stay and the discretionary considerations that should be taken into account in deciding whether to grant a stay.

The court considered the principles governing the grant of a stay of administrative action pending judicial review. It examined the relevant statutory provisions and case law to determine the source of its power to grant a stay. The court also considered the discretionary factors that should be weighed in deciding whether to grant a stay, such as the likelihood of success on the merits, the balance of convenience, and the public interest. The court concluded that it had the power to grant a stay under the relevant statutory provisions and that the discretionary considerations weighed in favour of granting a stay. The court found that there was a real prospect that the permit decision was made in breach of procedural fairness and that the balance of convenience and the public interest favoured granting a stay. The court ordered a stay of the permit pending the outcome of the judicial review.