The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust v NEXTDC Limited [2018] NSWSC 1361

Supreme Court New South Wales

Medium Neutral Citation: The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust v NEXTDC Limited [2018] NSWSC 1361 Hearing dates: 27, 28 August 2018 Decision date: 04 September 2018 Jurisdiction: Equity - Real Property List Before: Hammerschlag J Decision: The proceedings are dismissed Catchwords: EQUITY – declaratory orders – landlord and tenant –dispute concerning rights under leases of the landlord to access premises – where landlord seeks declarations as to the meaning and effect of clauses in the leases but there is no extant controversy about access – availability of declaratory relief – hypothetical dispute; HELD – declaratory relief inappropriate and refused Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: The Trust Company (Australia) Ltd v NEXTDC Ltd [2018] NSWSC 736 University of New South Wales v Moorehouse (1975) 133 CLR 1 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Ltd (2000) 200 CLR 591 Ian Huntly Philip v JPM Developments Pty Ltd [2015] NSWSC 495 Bass v Permanent Trustee Company Limited (1999) 198 CLR 334 Category: Principal judgment Parties: The Trust Company (Australia) Ltd in its capacity as custodian of The Asia Pacific Data Centre Trust - First Plaintiff Asia Pacific Data Centre Limited - Second Plaintiff NEXTDC Limited - Defendant Representation: Counsel: A. J. McInerney SC with G. P. Gee - Plaintiff I. R. Pike SC with J. Lazarus - Defendant