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ARTICLE · 24 SEPTEMBER 2013

IGA loses test case agianst new Coles development

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The WA court rejected IGA's application for an injunction to prevent a planning application for a Coles Supermarket.

AustraliaReal Estate and Construction
Brian McMurdo
Brian McMurdo
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On 29 May 2013, the Western Australian Supreme Court handed down judgment in Aloi v Bertola [2013] WASC 214. The Court rejected the plaintiffs application for an injunction to prevent the determination of a planning application for a Coles Supermarket.

BACKGROUND

On 10 April 2012, the Shire of Mundaring (The Shire) entered into a contract with Morrison 232 Pty Ltd (a subsidiary of Devwest) to sell two blocks of vacant land for $5.75 million. A condition precedent of the contract required Devwest to obtain planning approval to build a shopping centre on the land within 180 days.

To satisfy this condition, Devwest lodged a Development Application to construct a Coles shopping centre on the vacant land. The proposed development had a value of $10 million, bringing it under the jurisdiction of the Metro-East Joint Development Assessment Panel (MEJDAP). The plaintiffs (operating a nearby IGA) made submissions opposing this Development Application and instituted

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