Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc (No 2) [2019] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc (No 2) [2019] NSWSC 1468 Hearing dates: On the papers Date of orders: 28 October 2019 Decision date: 28 October 2019 Jurisdiction: Equity Before: Darke J Decision: Orders to be made for specific performance of an agreement to transfer a lot created by a subdivision. Catchwords: CONTRACTS – formation – defendant the owner of site of former coal mine – land includes a railway corridor – proposal for separation of defendant's railway activities from its museum activities – where plaintiffs were incorporated to take over the defendant's railway operations – proposal to subdivide the defendant's land so as to create a new lot with respect to the railway corridor and to convey that lot to the first plaintiff for nominal consideration – agreement in principle followed by co-operation over a lengthy period in obtaining approval for and effecting completion of subdivision – where defendant subsequently refused to convey railway corridor lot – whether binding agreement reached – binding agreement held to exist – defendant obliged to transfer rail corridor lot to first plaintiff – orders to be made for specific performance of agreement Legislation Cited: Conveyancing Act 1919 (NSW), s 54A Cases Cited: Axelsen v O'Brien (1949) 80 CLR 219 Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Coles v Trecothick (1804) 9 Ves 234; 32 ER 592 Costin v Costin [1994] NSW Conv R 55-715 Costin v Costin (1997) 7 BPR 97,362 Integrated Computer Services Pty Ltd v Digital Equipment Corp (Aust) Pty Ltd (1988) 5 BPR 11,110 Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc [2019] NSWSC 1131 Seller v Jones [2014] NSWCA 19 Suttor v Gundowda Pty Ltd (1950) 81 CLR 418 Texts Cited: I C F Spry, The Principles of Equitable Remedies (Ninth Edition, 2014, Lawbook Co.) N Seddon, 'Is a Provider of Nominal Consideration a "Volunteer"?' (2016) 90 Australian Law Journal 81 Category: Principal judgment Parties: Lithgow State Mine Railway Ltd (First Plaintiff) COC Ltd (Second Plaintiff) City of Greater Lithgow Mining Museum Inc (Defendant) Representation: Counsel: Mr R K Weaver (Plaintiffs)