NSW Caselaw
New South Wales Supreme Court
CITATION : Bradcorp Wilton Park v DLL Wilton [2010] NSWSC 1441
HEARING DATE(S) : 6/12/10, 7/12/10 and 8/12/10 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : McDougall J at 1
EX TEMPORE JUDGMENT DATE : 8 December 2010
(1) Declarations in terms of prayers 4, 5 and 7 of the amended summons filed on 7 December 2010. (2) Reserve liberty to apply in respect of prayers 1 to 3. DECISION : (3) Order that the amended cross-claim cross-summons filed in Court on 7 December 2010 be dismissed. (4) Order the defendants to pay the plaintiff's costs in the proceedings, including the cross-claim. (5) Order the exhibits to be dealt with in accordance with the Rules.
CATCHWORDS : CONTRACT - construction - project delivery agreement - where defendant undertook to develop land - where clause 9.2 of agreement allowed defendant to sell "Englobo Lots" if sale price is no less than their "Retail Value" as defined - where defendant sought to utilise cl 9.2 to sell all unsold lots to parent company - whether subject matter of proposed sale is an "Englobo Lot".
LEGISLATION CITED : Conveyancing Act 1919 (NSW) Environmental Planning and Assessment Act 1979 (NSW)
CATEGORY : Separate question
CASES CITED : Bass v Permanent Trustee Company Limited (1999) 198 CLR 334
Bradcorp Wilton Park Pty Ltd (Plaintiff) PARTIES : DLL Wilton Pty Ltd (First Defendant) Delfin Lend Lease Limited (Second Defendant)
FILE NUMBER(S) : SC 2009/298666
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