Bridge Property Investments Pty Ltd v Garland Lot 3 Pty Ltd [2014] NSWCA 82

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bridge Property Investments Pty Ltd v Garland Lot 3 Pty Ltd [2014] NSWCA 82 Hearing dates: 17 March 2014 Decision date: 17 March 2014 Before: Beazley P at [1]; Macfarlan JA at [3]; Barrett JA at [4] Decision: 1.Grant leave to appeal. 2.Appeal dismissed. 3.Order the appellant to pay the costs of the first, second and third respondents. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACTS - construction - deed concerning real estate development project - whether deed prohibits sale of land in absence of financier's consent - whether serious question to be tried as to such construction - EQUITABLE REMEDIES - injunctions - interlocutory injunctions - balance of convenience - relevance of rights and interests of strangers to the contract and the suit - where alleged breach of contract competes with equitable interest in land - where some but not all parties to the contract are parties to the suit - utility of interlocutory restraint - adequacy of damages as a remedy - delay in seeking equitable relief Legislation Cited: Supreme Court Act 1970 (NSW) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Cayne v Global Natural Resources plc [1984] 1 All ER 225 Miller v Jackson [1977] QB 966 Maythorn v Palmer (1864) 11 LT 261 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (No 3) [1998] HCA 30; 195 CLR 1 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; 286 ALR 257 Williams v Director General of National Parks and Wildlife Service [2002] NSWCA 176 Zhu v Treasurer of the State of New South Wales [2004] HCA 56; 218 CLR 530 Category: Principal judgment Parties: Bridge Property Investments Pty Ltd (Appellant) Garland Lot 3 Pty Ltd (First Respondent) Garland Lot 4 Pty Ltd (Second Respondent) Ruby Street Project Pty Ltd (Third Respondent) Representation: Counsel: M W Sneddon/K P Tang (Appellant) D R Stack (First and Second Respondents) D D Feller SC (Third Respondent) Solicitors: Atanaskovic Hartnell (Appellant) Kemp Strang (First and Second Respondents) HWL Ebsworth Lawyers (Third Respondent) File Number(s): 2014/62143 Decision under appeal Citation: [2014] NSWSC 253 Date of Decision: 2014-02-26 00:00:00 Before: Robb J File Number(s): 2014/55737