Woolworths Ltd v Maryborough CC

Woolworths Ltd sought an order from the Supreme Court of Queensland allowing it to continue selling goods from premises in Maryborough, despite the Maryborough City Council (MCC) having previously challenged and successfully overturned the approval for a material change of use of the premises. MCC had argued that Woolworths's operations contravened zoning laws. Woolworths had operated from the premises without the requisite approval, and sought to continue doing so while its appeal against the Planning and Environment Court's decision was pending. The legal issues before the Court were whether it had the jurisdiction to make an order under section 4.1.59(2) of the Integrated Planning Act 1997 (Qld) in the context of an appeal pending before the Court of Appeal, and whether it had the power to grant the order for "continuing" rather than "starting" a development. The Court found that it did not have the jurisdiction to make the order while the appeal was pending, and that it would not grant the order in any event because Woolworths had started trading without an approval with knowledge of the risks. The Court dismissed the application, ordered Woolworths to pay MCC's costs, and made no order as to MCC's costs.