Redglove Projects Pty Ltd v Ngunnawal Local Aboriginal Land Council (No 2) [2005] NSWSC 1048

New South Wales Supreme Court

CITATION : Redglove Projects Pty Ltd v Ngunnawal Local Aboriginal Land Council (No 2) [2005] NSWSC 1048

HEARING DATE(S) : 27/9/05

JUDGMENT DATE : 19 October 2005

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : Plaintiff's claim is dismissed; Plaintiff to deliver up any of first defendant's certificates of title in its possession; Plaintiff to pay first defendant's costs of claim and cross-claim.

CATCHWORDS : CRIMINAL LAW [411]- Bribery- Joint venture between Local Aboriginal Land Council and developer to develop land- Officer of Land Council received personal benefits from developer for purpose of furthering developer's interests with Council- Whether benefits constituted bribes. PROCEDURE [579]- Costs- Case effectively specific performance suit- Normally only parties to contract should be parties to proceedings- Second defendant added for reasons not directly relevant to case- Second defendant's costs to lie as they fall.

LEGISLATION CITED : Independent Commission Against Corruption Act 1988

Hovenden & Sons v Millhoff (1900) 83 LT 41; [1900-3] All ER Rep 848 R v Allen (1992) 27 NSWLR 398 CASES CITED : R v Glynn (1994) 33 NSWLR 139 Tasker v Small (1837) 3 My & Cr 63; 40 ER 848 Thiess v TCN Channel Nine Pty Ltd (No 5) [1994] 1 Qd R 156

Redglove Projects Pty Limited (P) PARTIES : Ngunnawal Local Aboriginal Land Council (D1) New South Wales Aboriginal Land Council (D2)

FILE NUMBER(S) : SC 1984/04

T S Hale SC (P) COUNSEL : D A Smallbone (D1) J K Kirk (D2)

Morgan Lewis Attorneys (P) SOLICITORS : Patrick Woods & Company (D1) Chalk & Fitzgerald (D2)