CIC Projects Pty Ltd v Eyre Kingston Pty Ltd [2020] NSWSC 1658

Supreme Court New South Wales

Medium Neutral Citation: CIC Projects Pty Ltd v Eyre Kingston Pty Ltd [2020] NSWSC 1658 Hearing dates: 11 November 2020 Decision date: 20 November 2020 Jurisdiction: Equity - Technology and Construction List Before: Hammerschlag J Decision: (1) Summons dismissed. (2) Declaration that on the proper construction of clauses 4.2(d) and 4.2(e) of the Co-owners Agreement between Eyre Kingston Pty Ltd and DTM Investments (ACT) Pty Ltd dated 18 June 2015, the obligation to partition the Land is neither contingent upon nor interdependent with any obligation on DTM to pay the Expenses incurred in carrying out the Commercial and Retail Works. (3) The injunction granted on 6 November 2020 is dissolved. Catchwords: CONTRACT – Construction – Provision in a co-owners agreement, being one of a suite of agreements entered into for the purposes of a large construction project, requiring partition of land representing the residential component and commercial component of the project respectively between the first defendant (joint vehicle) and the second defendant, and requiring the second defendant to pay to the first defendant Expenses incurred in connection with the commercial component – whether the land partition is conditional upon or interdependent with payment of the Expenses – HELD – it is not. Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Australian Broadcasting Commission v Australasian Performing Rights Association Ltd (1973) 129 CLR 99 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Electricity Generation Corporation Ltd v Woodside Energy Ltd (2014) 251 CLR 640 McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522 Zhu v Treasurer of the State of New South Wales (2004) 218 CLR 530 Category: Principal judgment Parties: CIC Projects Pty Ltd - Plaintiff Eyre Kingston Pty Ltd - First Defendant DTM Investments (ACT) Pty Ltd - Second Defendant Griffin Q Pty Ltd - Third Defendant Representation: Counsel: J Knackstredt – Plaintiff J Giles SC with N Riordan – Second and Third Defendants