Karimbla Properties (No 50) Pty Ltd v State of New South Wales & Anor [2015] NSWSC 778

Supreme Court New South Wales

Medium Neutral Citation: Karimbla Properties (No 50) Pty Ltd v State of New South Wales & Anor [2015] NSWSC 778 Hearing dates: 12 June 2015 Date of orders: 17 June 2015 Decision date: 17 June 2015 Before: Beech-Jones J Decision: (1) The plaintiff's notice of motion filed 19 May 2015 be dismissed.

(2) The plaintiff's amended notice of motion filed in Court on 12 June 2015 be dismissed. Catchwords: INTERLOCUTORY INJUNCTION – application to restrain exchange of contracts following tender to purchase public land – shortlisted tenderer excluded after related company employed executive responsible for tendering process – alleged damage to integrity of tendering process – balance of convenience – likely damage to vendor if restrained from entering into contract concerning the sale of the property.

NATURAL JUSTICE – whether statutory State owned corporation amenable to judicial review in conducting tender to dispose of land – whether obligation to afford natural justice – nature of corporation – nature of function exercised – source of power to exclude tenderers – prospect of establishing amenability to judicial review and obligation to afford natural justice weak – prospect of establishing breach of obligation weak – whether final relief would extend to preventing sale.

HELD: Injunction based on alleged breach of procedural fairness refused.

CONTRACTUAL DUTY OF FAIR DEALING –prospects of establishing process contract relating to expressions of interest process – inconsistency with express terms of documents issued – prospects of establishing existence of agreement – prospects of plaintiff being re-admitted to tender process – prospects of success low.