NSW Caselaw
New South Wales Supreme Court
CITATION : Hairun Chen & 49 Ors v Statewide Developments Pty Ltd; Evan Nhut Tho La & 36 Ors v Statewide Developments Pty Ltd; Hoe Chin Ng & 6 Ors v Statewide Developments Pty Ltd [2007] NSWSC 518 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 27/04/07
JUDGMENT DATE : 30 April 2007
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 30 April 2007
DECISION : Make orders in accordance with the short minutes of order as amended by his Honour, initialled, dated today and placed with the papers.; ; Orders may be entered forthwith.; Order that costs of the various notices of motions, including reserved costs, will be costs in the proceedings.
CATCHWORDS : EQUITY – Equitable remedies – Injunctions – Interlocutory mandatory injunctions – Where serious question to be tried as to whether purchasers validly rescinded contracts for sale – Where balance of convenience favours stakeholder holding deposits pending final determination of proceedings – Where some deposit bonds will expire if not called upon by vendor by expiry dates – Order that bonds may be called upon by vendor but are then to be held by stakeholder so that held on trust for purchasers if it is found that purchasers validly rescinded contracts – Where cash deposits paid to vendor by stakeholder upon demand and stakeholder had notice of purchasers' claims of entitlement to return of deposits – Order that vendor repay cash deposits to stakeholder pending final determination.
Detmold v Oldtex Pty Ltd [2005] NSWSC 1197 CASES CITED : Businessworld Computers Pty Limited v Australian Telecommunications Commission (1988) 82 ALR 499 Meagher, Heydon & Leeming, Meagher, Gummow & Lehane's Equity: Doctrines and Remedies, 4th ed, (2002) Chatswood, Butterworths LexisNexis at [21-395] Daniel v Ferguson (1891) 2 Ch 27
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