NSW Caselaw
New South Wales Supreme Court
CITATION : AGL Energy Ltd v Alinta MergeCo Ltd & Anor [2006] NSWSC 1336
HEARING DATE(S) : 31/10/06 JURISDICTION : Equity
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 10/31/2006
DECISION : Interim injunction restraining sale granted
CATCHWORDS : CONTRACT - breach of negative stipulation, not to sell certain assets – remedies – injunction – construction – whether exposure to injunction to restrain prospective breach is liability for a breach
LEGISLATION CITED : Local Government Act 1993 (NSW), s 733
Attrill v Richmond River Shire Council (1993) 30 NSWLR 122 CASES CITED : Attrill v Richmond River Shire Council (1993) 38 NSWLR 545 Bankstown City Council v Alamdo Holdings Pty Ltd [2005] 79 ALJR 1511
AGL Energy Ltd ACN 115 061 375 (P) PARTIES : Alinta MergeCo Ltd ACN 119 985 590 (D1) Wattle Point Wind Farm Pty Ltd ACN 101 023 447 (D2)
FILE NUMBER(S) : SC 5561/06
COUNSEL : A Bannon SC (P) R McHugh SC w J Emmett (D1 & D2)
SOLICITORS : Gilbert & Tobin (P) Blake Dawson & Waldron (D1 & D2)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY LIST
BRERETON J
Tuesday 31 October 2006
5561/06 AGL Energy Limited v Alinta MergeCo Limited JUDGMENT (Ex tempore) 1 HIS HONOUR: On the undertaking of Colleen Ann Platford to pay the appropriate filing fees, I grant leave to AGL Energy Limited to file a Summons and a Notice of Motion in the form initialled by me, dated this day and placed with the papers.
2 Although the decision of the High Court of Australia in Bankstown City Council v Alamdo Holdings Pty Ltd (2005) 79 ALJR 1511 holds that the exposure of a party to the exercise of the equity jurisdiction of the Supreme Court can constitute a "liability" notwithstanding that an injunction usually regulates future action, as was said in the joint judgment (at [36]), importance attaches to the context, and holdings in cases upon statutes (and I interpose on contracts) with a different subject and purpose from that of Local Government Act 1993 (NSW), s 733, must be approached with caution – as is illustrated by the differing results reached in the various authorities referred to in that case.
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