Deepcliffe Pty Ltd and Anor v The Council of the City of Gold; Coast and Anor

The plaintiffs, Deepcliffe Pty Ltd and another, brought an action against the Council of the City of the Gold Coast and another, seeking damages for the alleged unlawful erection of restrictive parking signs around their restaurant premises. The plaintiffs argued that the signs resulted in parking difficulties, which led to a decline in their business. The primary dispute centred on whether the Council lawfully erected the signs, and if their actions constituted a tortious act.

The court needed to determine the legal validity of the Council's actions in erecting the signs and whether the plaintiffs could establish a causal link between the signs and the alleged decline in business. The court examined the relevant local government legislation and the powers granted to the Council for regulating parking, as well as the principles governing nuisance and interference with economic interests.

The court found that the Council had acted within its statutory powers when erecting the signs, and there was no evidence to suggest that the signs were installed unlawfully or maliciously. Furthermore, the court held that the plaintiffs had not provided sufficient evidence to establish a causal connection between the signs and the decline in their business. As such, the plaintiffs' claims were dismissed, and judgment was entered in favour of the defendants.