Re Western Australian Planning Commission;

In the Federal Court of Australia, the Western Australian Planning Commission sought to stay an order nisi which required the applicants to provide an undertaking as to damages. The applicants were objectors to a planning application, and the dispute centred around whether the applicants should be required to provide such an undertaking as a condition of the stay of the order nisi.

The court was required to determine whether the applicants should be compelled to give an undertaking as to damages in order to obtain a stay of the order nisi. The applicants argued that such a requirement was not appropriate in the circumstances, and that it was an unnecessary burden. The Western Australian Planning Commission, on the other hand, argued that such an undertaking was necessary to ensure that the court's order was not frustrated by the applicants' inability to pay any potential damages.

The court considered the principles of equity and fairness in determining whether the applicants should be required to give an undertaking as to damages. The court held that the applicants should not be required to provide such an undertaking, as it would place an undue burden on them and potentially frustrate the purpose of the stay of the order nisi. The court further held that the Western Australian Planning Commission had not demonstrated that such an undertaking was necessary to prevent the frustration of the court's order.

Accordingly, the court refused to make the order nisi conditional upon the applicants providing an undertaking as to damages. The Western Australian Planning Commission's application for a stay of the order nisi was dismissed. No further orders were made.