Abignano Nominees Pty Limited v Altius Pty Limited (No 2) [2017] NSWSC 1493

Supreme Court New South Wales

Medium Neutral Citation: Abignano Nominees Pty Limited v Altius Pty Limited (No 2) [2017] NSWSC 1493 Hearing dates: 26 October 2017 Date of orders: 26 October 2017 Decision date: 26 October 2017 Jurisdiction: Common Law Before: Campbell J Decision: (1) Pursuant to r 25.14 Uniform Civil Procedure Rules 2005 (NSW), and upon the plaintiffs by their Counsel giving the usual undertaking as to damages, order that:

(a) The defendant, and its sole director, Mr Paul Peterkin, not further encumber the property known as "Pasadena", located at 1585 Pittwater Road, Church Point, NSW (being Lot 142 in deposited plan 752046) (the "Property") without 7 days' written notice to the plaintiff's solicitor.

(b) The defendant, and its sole director, Mr Paul Peterkin, not pay or cause to be paid the proceeds of any sale, compulsory acquisition, or any other disposal of the Property, or any part thereof, up to the amount of $951,444.10, without 7 days' written notice to the plaintiffs' solicitor.

(c) In the case of a sale of the Property, the defendant is to provide the plaintiffs with 7 days' notice in writing to the plaintiffs' solicitor of an intention to enter into a contract for the sale of the Property.

(d) In the case of the Property being acquired compulsorily, the defendant is to provide the plaintiffs with written notice within 7 days of receiving any formal notification that the Property is to be compulsorily acquired.

(2) The plaintiffs are to file and serve an amended statement of claim by 23 November 2017.

(3) The defendant is to file and serve a defence to the amended statement of claim by 21 December 2017.