Garland Lot 3 Pty Ltd v Bridge Property Investments Pty Ltd [2014] NSWSC 253

Supreme Court New South Wales

Medium Neutral Citation: Garland Lot 3 Pty Ltd v Bridge Property Investments Pty Ltd [2014] NSWSC 253 Hearing dates: 21,25 February 2014 Decision date: 26 February 2014 Jurisdiction: Equity Division Before: Robb J Decision: (1)By consent and without admissions order pursuant to s 74MA of the Real Property Act 1900 (NSW) that the defendant withdraw caveat No AI334849 lodged in relation to certificate of title folio identifier 402/1164413. (2)Order that the claim made by the defendant in prayer 1 of its claim for interlocutory relief in its cross-claim be dismissed. (3)Order the defendant cross claimant to pay the costs of the plaintiff's summons and the first cross claim cross summons on the ordinary basis. Catchwords: CAVEATS - caveat invalid - consent order to withdraw caveat - CONTRACTS - proper construction of deed - meaning of "Lender Consent Matter" - was lender's consent required before purchaser contracted to sell part of project? - consent not required - wrongful failure to object consent would be breach of Deed - balance of convenience does not favour grant of interlocutory injunction Legislation Cited: Real Property Act 1900 (NSW) Category: Interlocutory applications Parties: Garland Lot 3 Pty Ltd (first plaintiff/cross defendant) Garland Lot 4 Pty Ltd (second plaintiff/cross defendant) Bridge Property Investments Pty Limited (defendant/cross claimant) Representation: Counsel: D Stack (plaintiffs/cross defendants) M Sneddon/ K Tang (defendant/cross claimant) Solicitors: Kemp Strang (plaintiffs/cross defendants) Atanaskovic Hartnell (defendant/cross claimant) File Number(s): 2014/55737