Warehouse Group (Australia) Pty Ltd v Woolworths Ltd

The appeal concerned a dispute between Warehouse Group (Australia) Pty Ltd and Woolworths Ltd regarding a development application for a bulky goods salesroom. The matter was heard in the Court of Appeal of New South Wales before Handley, Hodgson, and Basten JJA.

The central legal issues before the court were whether a purported development consent granted by the council was a nullity, whether that consent was validly given to the application, and whether the council had been satisfied as to the requirements of the Local Environmental Plan concerning areas for specified uses. The court also considered whether State Environmental Planning Policy No 1 applied and whether the consent was valid at the time it was granted or thereafter.

The Court of Appeal allowed the cross-appeal, setting aside previous orders and declaring that the purported consent granted by the council was not valid. The court reasoned that the application had not been validly determined and that the council's consent was invalid. Consequently, the court restrained Warehouse Group from using the premises as a bulky goods salesroom or shop except pursuant to a valid consent. The appellant was ordered to pay the respondents' costs of the appeal and cross-appeal.