Woolworths Limited ACN 000 014 675 v Townsville City Council

Case [2004] QPEC 92


DISTRICT COURT OF QUEENSLAND

CITATION: Woolworths Limited ACN 000 014 675 v Townsville City Council & Ors [2004] QPEC 092
PARTIES:

BD495 of 2004

WOOLWORTHS LIMITED
ACN 000 014 675
(Applicant)

AND

TOWNSVILLE CITY COUNCIL
(First Respondent)
AND

THE WAREHOUSE GROUP (AUSTRALIA) PTY LTD
ACN 003 038 702
(Second Respondent)
AND

LANDEL PTY LTD AS TRUSTEE OF THE LANCINI FAMILY DISCRETIONARY TRUST
ACN 101 998 193
(Third Respondent)

AND

BD1007 of 2004

WOOLWORTHS LIMITED
ACN 000 014 675
(Applicant)

AND

TOWNSVILLE CITY COUNCIL
(First Respondent)
AND

MAKRO WAREHOUSE PTY LTD
ACN 087 578 578
(Second Respondent)
AND

DALRYMPLE TOWNSVILLE PTY LTD.
ACN 086 989 291
(Third Respondent)

FILE NO/S: BD495/04 & BD1007/04
DIVISION: Planning and environment
PROCEEDING: Application
ORIGINATING COURT: Planning & Environment Court of Queensland
DELIVERED ON: 17 November 2004
DELIVERED AT: Townsville
HEARING DATE: 18, 19 and 20 October 2004
JUDGE: PACK D.C.J.
ORDER:

First application of BD 495/04 I order pursuant to Sections 4.3.25 and 4.3.26 of the Integrated Act that the Second Respondent be directed to stop its use of premises at the subject site for the purpose of other development until further order. From paragraph 60(3).

Second application of BD 1007/04 I order pursuant to Sections 4.3.25 and 4.3.26 of the Integrated Act that the Second Respondent be directed to stop its use of premises at the subject site for the purpose of other development until further order. From paragraph 61(3).

I adjourn the further hearing of the applications and suspend the operation of paragraphs 60(3) and 61(3).

CATCHWORDS: PLANNING LAW – INJUCTION PROCEEDINGS. CONSTRUCTION OF PLANNING SCHEME – whether use permitted under planning scheme. Use and definition of ‘showroom’. Interpretation and construction of planning scheme. Administration of scheme by Local Government. Ascertaining ‘Legislative intention’ of scheme.

Cases considered:

Westfield Management Ltd –v- Pine Rivers Shire Council, unreported (PEC, 14 November 2003, 1627/2003)
Warehouse Group (Australia) Pty Ltd –v- Woolworths Ltd [2003] NSWCA 270
Woolworths Ltd –v- Caboolture Shire Council and The Warehouse Group (Australia) Pty Ltd [2004] QPEC 15
Woolworths Ltd –v- Caboolture Shire Council and Makro Warehouse Pty Ltd [2004] QPEC 15
Woolworths Ltd –v- Caboolture Shire Council and The Warehouse Group (Australia) Pty Ltd [2004] QPEC 26
Woolworths Ltd –v- Caboolture Shire Council and Makro Warehouse Pty Ltd [2004] QPEC 26
Woolworths Ltd –v- The Warehouse Group (Australia) Pty Ltd [2003] NSWLEC 31
Woolworths Ltd –v- Toowoomba City Council and Makro Warehouse Pty Ltd [2004] QPEC 66

Counsel:Mr D. GORE QC and Mr J D HOUSTON for the Applicant in 495/04 and 1007/04

Mr MJ BURNETT for first Respondent 495/04 and 1007/04

Mr RS LITSTER for the second Respondent 495/04 and 1007/04
Mr PJ LYONS QC for the third respondent in 495/04

Solicitors:  Malleson Stephen Jacques for the Applicant
  Townsville City Council for first Respondent
  Deacons for the second Respondent
  Suthers and Taylor for the third Respondent

  1. In this matter the Applicant, Woolworths Ltd (“Woolworths”) initially sought relief in the following terms against the Warehouse Group (Australia) Pty Ltd (“Warehouse”) as…

Continue reading Woolworths Limited ACN 000 014 675 v Townsville City Council

Sign in free to access the full text

Details
AGLC
Woolworths Limited ACN 000 014 675 v Townsville City Council [2004] QPEC 92
Case
[2004] QPEC 92
Decision Date

CaseChat Overview and Summary

Woolworths Limited, trading as Woolworths Supermarkets, sought legal action against the Townsville City Council and two other respondents to prevent the use of a property for purposes that Woolworths argued were not permitted under the Townsville Planning Scheme. The dispute centred on the interpretation and application of the planning scheme, specifically whether the property was being used as a 'showroom', a use that the scheme sought to restrict. The case was heard in the Queensland Land Court.

The central legal issues revolved around the interpretation of the Townsville Planning Scheme, particularly the definitions and restrictions on the use of 'showrooms'. The court had to determine if the premises in question were being used as a showroom, and if so, whether such use was compliant with the planning scheme. Additionally, the court needed to ascertain the legislative intent behind the restrictions placed on showrooms within the scheme, which would guide its interpretation and application.

The court examined the language of the planning scheme, the context in which it was enacted, and relevant legislative intent. It found that the premises were indeed being used as a showroom, contrary to the planning scheme's restrictions. The court held that the definition of 'showroom' in the scheme was broad enough to encompass the activities occurring on the site. In interpreting the scheme, the court emphasised the importance of adhering to the legislative intent, which aimed to control the proliferation of showrooms in the area. Consequently, the court ruled that the use of the premises as a showroom was not permitted and ordered the Townsville City Council to take steps to prevent further use of the premises for this purpose until further order.

Orders

Orders of the court

First application of BD 495/04 I order pursuant to Sections 4.3.25 and 4.3.26 of the Integrated Act that the Second Respondent be directed to stop its use of premises at the subject site for the purpose of other development until further order. From paragraph 60(3).

Second application of BD 1007/04 I order pursuant to Sections 4.3.25 and 4.3.26 of the Integrated Act that the Second Respondent be directed to stop its use of premises at the subject site for the purpose of other development until further order. From paragraph 61(3).

I adjourn the further hearing of the applications and suspend the operation of paragraphs 60(3) and 61(3).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.