LEGAL action instigated by Woolworths against Port Macquarie-Hastings Council in the NSW Court of Appeal has been dismissed. Woolworths has been ordered to pay Council’s costs, sparing rate payers from what might have been a costly outcome.
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The dispute centred on the sale of real estate in Port Macquarie’s central business district, now being developed by Coles.
In 2009, Council entered an agreement to sell land on the corner of Hayward and Gordon Streets to Coles, after protracted and unsuccessful negotiations with Woolworths.
In July 2010, the NSW Supreme Court dismissed the claim lodged by Woolworths concluding that the company failed to establish that it suffered any loss as a result of Council’s conduct and that Council was not liable to Woolworths in respect of its decision to sell the site to Coles.
Woolworths then lodged an appeal against the decision with the NSW Court of Appeal. The original judgment was unanimously upheld.
Acting General Manager Jeffery Sharp said the NSW Court of Appeal decision is a fantastic outcome for Council and ends what has been a lengthy and costly legal process for all parties involved.
“We are delighted that the NSW Court of Appeal has dismissed Woolworths’ appeal against the original decision handed down by the NSW Supreme Court last year,” Mr Sharp said.
“We are now able to continue on with our core business whilst not having the concern of legal proceedings.
