CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 1) [2011] NSWLEC 90

Land and Environment Court New South Wales

Medium Neutral Citation: CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 1) [2011] NSWLEC 90 Hearing dates: 4 May 2011 Decision date: 04 May 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1. Upon the applicant by its counsel giving to the Court the usual undertaking as to damages, and until further order, order that: (a) the first respondent is restrained from: (i) delivering or causing to be delivered to the second respondent any of the documents listed in sub-clauses (a) to (i) inclusive in clause 3.10 of the Metro Settlement Deed dated 29 September 2010; or (ii) otherwise giving effect to any nomination of the second respondent, or any other party, as the purchaser of lot 105 in Deposited Plan 1094273; (b) the second respondent is restrained from completing any purchase from the third respondent and the fourth respondent of any estate or interest in lot 105 in Deposited Plan 1094273, including by paying any instalment of the Development Fee under clause 3.1 of the Principal Document as amended by clause 3.3(d) of the Metro Settlement Deed dated 29 September 2010; (c) the second respondent is restrained from registering, or taking any steps to register, any transfer to it of any estate or interest in lot 105 in Deposited Plan1094273; (d) the third and fourth respondents are restrained from completing any sale or transfer to the second respondent, or any other party, of any estate or interest in lot 105 in Deposited Plan 1094273; (e) the fifth respondent is restrained from recording in the register maintained under the Real Property Act 1900 (NSW) any transfer to the second respondent, or any other party, of any estate or interest in lot 105 in Deposited Plan 1094273. Catchwords: PROCEDURE:- application for interlocutory injunction to restrain completion of sale of land - land subject of sale claimed to have been subdivided in breach of s 76A(1) of the Environmental Planning and Assessment Act 1979 - principles of interlocutory relief not in dispute - capacity of applicant to meet proffered undertaking as to damages challenged - relevant considerations - interlocutory injunction ordered Legislation Cited: Environmental Planning and Assessment Act 1979 Real Property Act 1900 Cases Cited: Air Express Limited v Ansett Transport Industries Operations Pty Ltd (1981) 146 CLR 249 City of Canada Bay Council v F & D Bonaccorso Pty Ltd (2007) 71 NSWLR 424 EPP Australia Pty Ltd v Levy [2001] NSWSC 482 Select Personnel Pty Ltd v Morgan and Banks (1988) 12 IPR 167 Category: Procedural and other rulings Parties: CTI Joint Venture Company Pty Ltd (Applicant) CRI Chatswood Pty Ltd (in Liq) (First Respondent) Metro Chatswood Pty Ltd (Second Respondent) Transport Construction Authority (Third Respondent) Rail Corporation New South Wales (Fourth Respondent) Not represented (Fifth Respondent) Representation: Mr R P L Lancaster SC (Applicant) Mr A J Sullivan QC (First Respondent) Mr I M Jackman SC (Second Respondent) Mr C D Norton (Third and Fourth Respondents) Ms S Mirzabegian (Fifth Respondent) Mallesons Stephen Jaques (Applicant) Blake Dawson (First Respondent) Kemp Strang Lawyers (Second Respondent) Clayton Utz (Third Respondent) Allens Arthur Robinson (Fourth Respondent) Not represented (Fifth Respondent) File Number(s): 40255 of 2011