Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2009] NSWSC 1

Reported Decision : 223 FLR 125

New South Wales Supreme Court

CITATION : Street & 7 Ors v Luna Park Sydney Pty Limited & 3 Ors [2009] NSWSC 1

HEARING DATE(S) : 4, 5, 7, 8, 12, 13, 14, 15, 25, 26, 27, 29 June, 15, 16, 17, 23, 24, 25, 26, 29, 30, 31 October, 1, 2 November, 3, 4, 5, 7, 13 December 2007

JUDGMENT DATE : 6 February 2009

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

As to the Crown Lands claim: Crown Lands Act, s 114(2), is directed to the relevant Reserve Trust and not an operator or occupier. The Plan of Management does not exclude the operation of adult thrill rides in the Northern Extension. As to the misrepresentation claims: the 2001 DA and the 2002 DA were not misleading or deceptive. Metro Edgley's silence as to its intention to locate adult thrill rides in the Northern Extension became misleading on 13 May 2002. Metro Edgley's relevant conduct was not "in trade and commerce", and Metro Edgley owed the plaintiffs no relevant duty of care. Rejection of the Trade Practices claim against Metro Edgley is dispositive of the accessorial liability claims against Mr Hearne and Mr Doughty. In any event, injunctive relief would be refused on discretionary grounds. DECISION : In the case of Mr Billington and Ms Mather, the impugned conduct was not a causative factor in their decision to purchase their property, but even if it was they have not proved that they paid more than true market value so as to suffer damage. In the case of Glen Eight, even if the impugned conduct was a causative factor in the decision to proceed with a residential conversion, disclosure on or after 13 May 2002 of an intention to locate adult thrill rides in the Northern Extension would not have deterred Glen Eight from proceeding with the conversion, and in any event damage has not been established, as it has not been proved that a commercial refurbishment would have been more beneficial than the residential conversion. Order that the proceedings be dismissed.