Western Australian Planning Commission v Southregal Pty Ltd

HIGH COURT OF AUSTRALIAKIEFEL, BELL, GAGELER, KEANE AND NETTLE JJMatter No P47/2016WESTERN AUSTRALIAN PLANNING COMMISSION  APPELLANTANDSOUTHREGAL PTY LTD & ANOR  RESPONDENTSMatter No P48/2016WESTERN AUSTRALIAN PLANNING COMMISSION  APPELLANTANDTREVOR NEIL LEITH  RESPONDENTWestern Australian Planning Commission v Southregal Pty LtdWestern Australian Planning Commission v Leith[2017] HCA 78 February 2017P47/2016 & P48/2016ORDERMatter No P47/20161.Appeal allowed.2.Set aside orders (a) and (b) of the Court of Appeal of the Supreme Court of Western Australia made on 24 March 2016, and in their place order that: (a)appeal allowed;(b)the respondents pay the appellant's costs; and(c)set aside orders 2, 3 and 4 of Beech J made on 22 December 2014, and in their place order that:(i)the question of law be answered:  No; and(ii)the plaintiffs are to pay the defendant's costs.3.The respondents pay the appellant's costs of the appeal to this Court.Matter No P48/20161.Appeal allowed.2.Set aside orders (a) and (b) of the Court of Appeal of the Supreme Court of Western Australia made on 24 March 2016, and in their place order that: (a)appeal allowed;(b)the respondent pay the appellant's costs; and(c)set aside orders 2, 3 and 4 of Beech J made on 22 December 2014, and in their place order that:(i)the question of law be answered:  No; and(ii)the plaintiff is to pay the defendant's costs.3.The respondent pay the appellant's costs of the appeal to this Court. On appeal from the Supreme Court of Western AustraliaRepresentationK M Pettit SC with T C Russell for the appellant in both matters (instructed by State Solicitor (WA))D F Jackson QC with P McQueen for...