Pilrift Pty. Ltd. & Ors. v. Lassgol Pty. Ltd. [2000] NSWSC 739

New South Wales Supreme Court

CITATION : Pilrift Pty. Ltd. & Ors. v. Lassgol Pty. Ltd. [2000] NSWSC 739 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3466/99 HEARING DATE(S) : 10/07/00 and 11/07/00 JUDGMENT DATE : 31 July 2000

Pilrift Pty. Limited - 1st plaintiff Thamdale Pty. Limited - 2nd plaintiff PARTIES : Reachdail Pty. Limited - 3rd plaintiff John Mortimer Hearne - 4th plaintiff Lassgol Pty. Limited - defendant JUDGMENT OF : Hodgson CJinEq at 1

COUNSEL : Mr. B. Coles QC with Mr. M. Wigney for plaintiffs Mr. T. Hale SC with Mr. D. Weinberger for defendant SOLICITORS : Grogan & Webb, Chatswood for plaintiffs Kemp Strang, Sydney for defendants CATCHWORDS : CONTRACTS - Sale of land - Promise by vendor to decontaminate the property to the satisfaction of the Council - Asbestos discovered after Council indicated satisfaciton, whereupon Council officers required further decontamination - Whether breach by vendor. LEGISLATION CITED : Environmental Planning & Assessment Act ss.90, 91, 91AA DECISION : See par.78 of judgment

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

CORAM: HODGSON, CJ in Eq.

Monday 31st July 2000

NO. 3466 OF 1999 PILRIFT PTY. LIMITED & ORS. V. LASSGOL PTY. LIMITED

JUDGMENT

1 On 6th January 1998, the plaintiffs contracted with the defendant to purchase from the defendant land known as 35-41 Mallet Street, Camperdown for a price of $1.3 million. Special Condition 35 of that contract imposed certain obligations on the defendant relating to decontamination of the site. In these proceedings, the plaintiffs claim that the defendant breached those obligations, and seek damages for that breach.