Anthony John Bradstreet & Ors v Merrin Developments Pty Ltd & Ors [2017] NSWSC 1559

Supreme Court New South Wales

Medium Neutral Citation: Anthony John Bradstreet & Ors v Merrin Developments Pty Ltd & Ors [2017] NSWSC 1559 Hearing dates: 8 November 2017 Date of orders: 10 November 2017 Decision date: 10 November 2017 Jurisdiction: Equity Before: Rein J Decision: See [27], [36] & [45] - [46] Catchwords: EQUITY — Equitable remedies — Injunctions — Whether an interlocutory injunction against the first and second defendants should be discharged or continued in circumstances where the 33 plaintiffs had contracted to buy off the plan, 19 apartments from the first defendant, which had an option to buy the land, but did not proceed with or protect that option and whereupon the second defendant (the alter ego of the first defendant), proceeded to purchase the land with the intention of selling off the plan, all apartments for a higher price than that which the first defendant had agreed – whether the plaintiffs established a prima facie case, based on an alleged breach of s 21 of the Australian Consumer Law (unconscionable conduct), to support the continuation of the injunction – whether there was utility in the injunction being continued– whether the injunction should be discharged because of an alleged lack of worth of value in the plaintiffs' undertaking as to damages – whether, in providing the undertaking as to damages, the plaintiffs need to establish individually or collectively that they are able to meet a compensation order if they are unsuccessful at the final hearing. Legislation Cited: Competition and Consumer Act 2010 (Cth) sch 2 ('Australian Consumer Law') Conveyancing Act 1919 (NSW) Cases Cited: Jobema Developments Pty Ltd v Zhu [2016] NSWSC 3 APS Satellite Pty Ltd (formerly known as "SkyMesh Pty Ltd") v IPSTAR AUSTRALIA PTY LTD [2016] NSWSC 1898 Paciocco v Australia and New Zealand Banking Group Ltd (2015) 236 FCR 199 Australian Competition and Consumer Commission (ACCC) v Simply No-Knead (Franchising) Pty Ltd (2000) 104 FCR 253 Bensons Funds Management Pty Ltd v Body in Balance Chiropractic Pty Ltd [2015] VSC 280 Re DPR Futures Ltd [1989] 1 W.L.R. 778 Air Express Ltd v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249 Lefta Corp Pty Ltd v Kell & Rigby Holdings Pty Ltd [2011] NSWSC 627 Donnelly v Amalgamated Television Service Pty Ltd (1998) 45 NSWLR 570 Texts Cited: Meagher, Gummow and Lehane's Equity: Doctrines & Remedies (Heydon, J; Leeming, M; Turner, P, LexisNexis, 2015) Equitable Remedies (Spry, 2014, 9th Edition, Lawbook Co) Category: Principal judgment Parties: Anthony John Bradstreet (First Plaintiff) Jennifer Louise Bradstreet (Second Plaintiff) & 31 Ors Merrin Developments Pty Ltd (First Defendant) Beachmere Holdings No 2 Pty Ltd (Second Defendant) & 5 Ors Representation: Counsel: J.P Knackstredt (Plaintiffs) H.K Insall SC (Defendants)