NSW Caselaw
New South Wales Supreme Court
CITATION : Cordon Investments Pty Limited v Lesdor Properties Pty Limited [2008] NSWSC 1006
HEARING DATE(S) : 18/9/08
JUDGMENT DATE : 3 October 2008
JURISDICTION : Equity Division Technology and Construction List
JUDGMENT OF : Einstein J
DECISION : Receiver to be appointed.
CATCHWORDS : Equity - Application for appointment of a receiver in relation to joint venture for development of land - Principles - Appointment of receiver by interlocutory order - No need for a proprietary interest - Joint venture - Breach of court orders - Breach of interim agreement - Sale of property to related entities - Property of the joint venture in jeopardy - Damages not an adequate remedy - Appointment of receiver not financially ruinous - Impact of receivership on third parties - Parties not cooperating - Specific performance not appropriate - Indemnity costs application
LEGISLATION CITED : Supreme Court Act 1970 (NSW)
CATEGORY : Procedural and other rulings
A v Hayden (No 1) (1984) 59 ALJR 1 Appleton Papers Inc v Tomasetti Paper Pty Ltd [1983] 3 NSWLR 208 Bond Brewing Holdings Ltd v National Australia Bank Ltd (1990) 1 ACSR 445 CASES CITED : Evans Marshall & Co Ltd v Bertola SA [1973] 1 WLR 349 Fitz-Gibbon v Khoury (Supreme Court of New South Wales, Powell J, 1 March 1985, unreported) Idoport Pty Ltd v National Australia Bank Ltd [1999] NSWSC 828 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533
PARTIES : Cordon Investments Pty Limited (Plaintiff) Lesdor Properties Pty Limited (Defendant)
FILE NUMBER(S) : SC 55067/07
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