Gazcorp Pty Ltd v Westfield Management Pty Ltd (No 2)

Gazcorp Pty Ltd (the claimant) sought an injunction against Westfield Management Pty Ltd (the opponent) to restrain the unauthorised use of property. The matter came before Giles JA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether to grant a stay of an injunction restraining the unauthorised use of property, to allow the opponent time to obtain consent for that use. The court considered whether there were circumstances that warranted such a stay, particularly in the absence of any novel legal principle being raised.

Giles JA determined that a stay should be granted until 30 June 2004. This decision was made on the basis that a stay would allow the opponent the opportunity to obtain the necessary consent for the use of the property. The court ordered that the opponent pay the claimant's costs of the notice of motion.