On 19 May 2020, the Court of Appeal delivered judgment in
BWP Management Limited & Anor v Ipswich City Council
[2020] QCA 104. The case, which had already been through the Land
Court and the Land Court of Appeal, was simple in its premise
– for the purpose of the levying of Council differential
rates, should two Bunnings stores in the Ipswich area be properly
categorised by Ipswich City Council (Council) as
'Drive-In Shopping Centre', or 'Shop –
Single' as the Applicant contended. Unsurprisingly, the
Applicant's position would result in lower Council rates for
the Bunnings stores.
In Council's budget, 'Shop' was not defined, but
'Drive-In Shopping Centre' was defined to mean:
'a premises or a cluster of premises that:
