The development tick-tacked between council and the developer and eventually a far more commercially based development proposal was lodged with the Land and Environment Court of NSW and heard over February, April, June and July 2009, with a judgement made on 7 August 2009. In the case of "Restifa Pty Ltd v Sutherland Shire Council & Ors NSWLEC 1267", the developer appealed against the Council's refusal of the development Master Plan for the site and of construction of Stage 1 for a mixed retail, commercial, residential development with a child care centre, basement car parking and open space recreation area. In the judgement, it was pointed out that, during the course of the hearing, there were many amendments and six sets of plans submitted. The retail component of the development was amended from the two supermarkets totalling about 7,000 square metres, with total retail 10,500 square metres, to a proposal of one 4,500 square metres supermarket and total retail of about 8,000 square metres. The development was ultimately rejected.