Mouawad v The Hills Shire Council (No 2); Mouawad v The Hills Shire Council (No 2)

The case before the court involved Mouawad, a jewellery retailer, and The Hills Shire Council. The dispute centred around the construction of a new shopping centre in the Hills District of Sydney, where Mouawad operated a store. The Council approved the construction of the shopping centre, which included the installation of a lift and escalators, despite Mouawad's objections regarding the design and potential impact on its business. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the Council had acted lawfully in approving the construction plans for the shopping centre. Mouawad argued that the Council's approval process was flawed and that the Council had failed to consider the potential impact of the construction on its business adequately. Mouawad also claimed that the Council had breached its duty of care by approving plans that could harm its business. The Council, on the other hand, maintained that the approval process was lawful and that it had considered all relevant factors in making its decision.

In delivering its judgment, the court found that the Council had not acted unlawfully in approving the construction plans for the shopping centre. The court held that the Council had followed the correct procedures in approving the plans and had considered all relevant factors, including Mouawad's concerns. The court also found that the Council had not breached its duty of care by approving the plans, as it had not acted negligently in doing so. The court held that the Council was entitled to rely on the advice of its consultants and that it had not been negligent in doing so.

The court's decision was based on a detailed analysis of the evidence and the relevant legal principles. The court found that the Council had acted lawfully and that Mouawad's claims were without merit. The court dismissed Mouawad's proceedings and awarded costs to the Council. The orders made by the court are set out in detail at [9] of the judgment.