Say-Dee Pty Ltd v Farah Constructions Pty Ltd & Ors (No.3) [2006] NSWCA 329

New South Wales Court of Appeal

CITATION: Say-Dee Pty Ltd v Farah Constructions Pty Ltd & Ors (No.3) [2006] NSWCA 329

HEARING DATE(S): On the papers

JUDGMENT DATE: 28 November 2006

JUDGMENT OF: The Court at 1

DECISION: (A) Order that Order 8(a) and (e) be varied by deleting those paragraphs and substituting the following paragraphs; (a) to sell the Properties within a reasonable time as one lot or in one line unless otherwise advised that they should be sold individually or as two lots in order to maximise the gross sale price of the Properties as a whole with power to postpone any such sale for such period as they may be advised if by doing so it is reasonably likely that in the town planning and market conditions which then or are likely to prevail in the reasonably foreseeable future, a greater sale price is likely to be realistically achieved; (e)(i) to engage consultants and to make such applications and to enter into such negotiations with Burwood Municipal Council and such other parties as the Receivers may be advised for the purpose of making of submissions with respect to and obtaining such development consents and other approvals in relation to the Properties or any of them including any rezoning thereof as are considered necessary to achieve the maximum price for the Properties on their sale; (e)(ii) to engage expert town planning and property valuation consultants for the purpose of providing the advice referred to in (a) above; (B) Order that the respondents pay the appellant's costs of the Notice of Motion filed on 9 August 2006.

CATCHWORDS: PROCEDURE – variation of orders – variation pursuant to UCPR r36.16 – LOCAL GOVERNMENT – town planning – potential redevelopment of properties – impact of proposed Local Environment Plan – powers of receivers under prior orders of the Court of Appeal