Gazcorp Pty Ltd v Westfield Management Pty Ltd [No 4]

Gazcorp Pty Ltd sought an extension of a stay of operation of an order made by the Land and Environment Court on 31 March 2004, which concerned development consent for a change of use of premises. Westfield Management Pty Ltd was the respondent. The application was heard by Sheller JA in the Court of Appeal of New South Wales.

The primary legal issue before the court was whether to grant an extension of the existing stay of the Land and Environment Court's order. Ancillary to this, the court was required to consider the future remitting of notices of motion to the Land and Environment Court.

Sheller JA ordered that the stay of operation of Order 2 made on 31 March 2004 be extended up to and including 25 August 2004. The application and notice of motion were adjourned to 25 August 2004, with directions for counsel to furnish submissions on the remitting of the notices of motion to the Land and Environment Court within seven days. Liberty was granted to the parties to apply on 48 hours' notice, and the costs of the day were reserved.