Community Association DP 270238 v Hudson Property Group [2005] NSWSC 725

New South Wales Supreme Court

CITATION : Community Association DP 270238 v Hudson Property Group [2005] NSWSC 725

HEARING DATE(S) : 18 July 2005

JUDGMENT DATE : 18 July 2005

JURISDICTION : Equity Division

JUDGMENT OF : Bergin J

DECISION : Agreement terminated

CATCHWORDS : Whether a Site Management Agreement terminated pursuant to s 24(2) of the Community Land Management Act 1989 - The meaning of the term "its effect" in s 24(2)(a) of the Act - Whether disclosure of the possibility that a party may be a company related to the developer is adequate for disclosure - Whether disclosure of a range of possible terms is adequate

Community Land Development Act 1989 (NSW) LEGISLATION CITED : Community Land Management Act 1989 (NSW)

Newton v Federal Commissioner of Taxation (1958) 98 CLR 1 CASES CITED : Re Black Bolt and Nut Association of Great Britain's Agreement (No 2) [1961] 3 All ER 316; [1962] 1 All ER 139

Community Association DP 270238 (Plaintiff) PARTIES : Hudson Property Group Pty Ltd (Defendant)

FILE NUMBER(S) : SC 3414/05

P Gray SC and R Titterton (Plaintiff) COUNSEL : B Walker SC and F Kunc (Defendant)

David Le Page (Plaintiff) SOLICITORS : J.P. Gould Solicitors (Defendant)

LOWER COURT JURISDICTION :

- 10 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BERGIN J

18 JULY 2005

3414/2005 COMMUNITY ASSOCIATION DP 270238 v HUDSON PROPERTY GROUP PTY LTD JUDGMENT 1 The question for determination in this case pursuant to an order for separate trial under Pt 31 is whether the Site Management Agreement entered into between the plaintiff and the defendant commencing on 8 December 2000 terminated at the end of the first Annual General Meeting of the plaintiff held on 5 March 2002. 2 This matter has been referred to me as an urgent matter in the Duty List. Although it may appear to be a long time between 5 March 2002 and today I have been told by counsel, and I accept unreservedly, that it is necessary to determine this matter urgently for reasons (the detailed particulars of which I have not been informed) that there is difficulty between the parties. 3 The plaintiff, Community Association DP 270238, was constituted under the Community Land Development Act 1989 by the registration of a community plan as a deposited plan on 24 November 2000: s 5 (1) of the Community Land Management Act 1989 (the Act). The Act defines "community management statement" as: A statement that is registered with a community plan as a statement of the by-laws and other particulars governing participation in the community scheme. 4 "Community plan" is defined as: