Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd [2024] FCA 1108

Federal Court of Australia Bist v Cyan Stone Clydesdale Estate 1 Pty Ltd [2024] FCA 1108 File number: NSD 1174 of 2024

Judgment of: KENNETT J

Date of judgment: 23 September 2024

PRACTICE AND PROCEDURE – application for interlocutory injunction – whether real question to be tried – whether balance of convenience favours grant of an injunction REAL PROPERTY – indefeasibility of title – whether notice of prior interest sufficient to defeat title by registration under Real Property Act 1900 (NSW) – whether claim under "knowing receipt" limb of Barnes v Addy (1874) LR 9 Ch App 244 sufficient to impugn indefeasible title Catchwords: CONSUMER LAW – Australian Consumer Law (ACL) – whether promise to transfer lot of land not yet in existence is a "service" within the meaning of the ACL – whether action for unconscionable conduct under s 21 of the ACL lies against stranger to supply of goods or services TORTS – conspiracy by unlawful means – where no intention to cause harm shown – where means relied on unlawful only by reason of statutory prohibition and statute supplies remedies – whether applicants can maintain action in tort TORTS – inducing breach of contract – where evidence does not disclose intention to interfere with contractual relations shown – whether injunction at common law an available remedy

Constitution s 109 Federal Court of Australia Act 1976 (Cth) Pt IVA Legislation: Competition and Consumer Act 2010 (Cth) ss 87, 131, 131C, Sch 2 (Australian Consumer Law) ss 1, 2, 21, 36, 62, 232, 236, 237, 239, 243 Corporations Act 2001 (Cth) s 500 Trade Practices Act 1974 (Cth) (repealed) ss 51AC, Real Property Act 1900 (NSW) ss 42, 43