FERO GROUP PTY LTD and CITY OF NEDLANDS

The case involves FERO Group Pty Ltd and the City of Nedlands. The dispute centres on the application for an extension of the term of a building permit and whether the stay of a reviewable decision allows the building work to continue. The matter was heard by the Supreme Court of Western Australia. The primary issue before the court was to determine the principles that govern the stay of a reviewable decision in the context of an application for an extension of the term of a building permit. Specifically, the court had to consider whether the effect of staying a decision to refuse an extension of a building permit term is that building work may continue. This involved examining the legislative framework, relevant case law, and the practical implications of such a stay.

The court examined the applicable legislative provisions and relevant case law to establish the principles governing the stay of a reviewable decision. It found that the effect of staying a decision to refuse an extension of a building permit term is not automatically that building work may continue. The court held that the decision-maker must explicitly permit such continuation in the stay order. Furthermore, the court noted that the stay of a decision does not alter the underlying merits of the application, and the applicant must still satisfy all statutory requirements for an extension. The court concluded that the applicant must show that there are exceptional circumstances justifying the stay and that the continuation of the building work does not prejudice the rights of other parties. The court's decision was grounded in the need to balance the interests of the applicant with the public interest in orderly and lawful development.

In light of the findings, the court dismissed the application for an extension of the building permit term and did not grant a stay that would allow the building work to continue. The decision underscores the importance of clear statutory interpretation and the procedural requirements for obtaining a stay in such matters. The final orders of the court reflect its determination that the applicant had not met the necessary criteria for either the extension of the permit term or the issuance of a stay that would permit the building work to proceed.