NSW Caselaw
New South Wales Supreme Court
CITATION : Ford Land Projects Pty Limited v DB Real Estate Australia Limited [2004] NSWSC 1014 HEARING DATE(S) : 5, 6, 7, 8 and 11 October 2004 JUDGMENT DATE : 2 November 2004
JURISDICTION: Equity Division Commercial List JUDGMENT OF : Windeyer J at 1 DECISION : Plaintiff's claim dismissed with costs.
CATCHWORDS : CONTRACT- breach of contract - contract regarding development of land - where term of contract entitled plaintiff to fee of $3.45m upon obtaining gazettal of an amendment to the zoning of the land - term required land to be re-zoned in accordance with document entitled Amended Zoning Application or so that uses on rezoning substantially the same as allowed by the Application - time limit adhered to - whether wording of instrument ultimately gazetted allowed uses substantially the same as the uses which would have been allowed under the AZA - ESTOPPEL - estoppel in pais - representations by parties - whether alleged consent or acquiescence to draft amendment by defendant induced plaintiff to prosecute the rezoning application - whether defendant precluded from denying compliance with contractual term due to conduct alleged LEGISLATION CITED : Environmental Planning and Assessment Act 1979 Factories, Shops and Industries Act 1962 Vacik Pty Limited v Penrith City Council [1992] NSWLEC 8; North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 CASES CITED : Grundt v Great Boulder Proprietary Gold Mines Ltd (1937) 59 CLR 641 Coghlan v SH Lock (Aust) Ltd (1985) 4 NSWLR 158 Austral Standard Cables Pty Limited v Walker Nominees Pty Limited (1992) 26 NSWLR 524 PARTIES : Ford Land Projects Pty Limited (Plaintiff) DB Real Estate Australia Limited (formerly AXA Property Management Limited) Defendant FILE NUMBER(S) : SC 50097 of 2003 COUNSEL : Mr P McEwen SC with him Mr S Phillips (Plaintiff) Mr M Craig QC with him Mr R Lancaster (Defendant) SOLICITORS : Makinson and d'Apice (Plaintiff) Mallesons Stephen Jaques (Defendant)
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