NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: The Owners – Strata Plan No. 102081 v Aqualand Construction Pty Ltd [2025] NSWSC 31 Hearing dates: 6 February 2025 Date of orders: 6 February 2025 Decision date: 06 February 2025 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff's application for freezing order granted Catchwords: CIVIL PROCEDURE – interim preservation – freezing orders – where plaintiff owners corporation seeks freezing order against defendant developer – where reasonable to infer defendant developer will sell remaining four residential units and not retain the proceeds of sale – whether a danger that prospective judgment will be unsatisfied – meaning of "danger" Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Cardile v LED Builders (1999) 198 CLR 380; [1999] HCA 18 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Skyworks v 32 Drummoyne Road [2017] NSWSC 343 Category: Procedural rulings Parties: The Owners – Strata Plan No. 102081 (Plaintiff/Applicant) Aqualand Construction Pty Ltd (First Defendant) Aqualand North Sydney Lavender Development Pty Ltd (Second Defendant/Respondent) Representation: Counsel: D Weinberger (Plaintiff/Applicant) F P Hicks SC (Second Defendant/Respondent)
Solicitors: J S Mueller & Co (Plaintiff/Applicant) Keystone Lawyers Pty Limited (Defendants/Respondent) File Number(s): 2023/201402
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