Bradcorp Wilton Park Pty Limited v Country Garden Wilton West Pty Limited [2019] NSWCA 287

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bradcorp Wilton Park Pty Limited v Country Garden Wilton West Pty Limited [2019] NSWCA 287 Hearing dates: 26 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Before: Macfarlan JA Decision: (1) On the condition that the undertakings previously given by the appellant are correspondingly extended, extend the stay granted by Parker J on 7 November 2019 to 5.00pm on Tuesday 3 December 2019.

(2) Upon the appellant and each of its directors giving the undertakings described in order (3) below, extend that stay until 5.00pm on Friday 20 December 2019.

(3) The undertakings referred to in the previous order are undertakings to the Court by the appellant and each of its directors to provide 28 days written notice to the respondents before the appellant:

(a) Sells, disposes of, encumbers or otherwise deals with the land (or any part of it) referred to in [50] of the affidavit of Jonathan Milner sworn 14 November 2019; (b) Takes any steps to extend, discharge or otherwise deal with the Facility (as that expression is defined in [57] of the affidavit of Jonathan Milner sworn 14 November 2019); or (c) Incurs any liability in excess of $50,000.

Any notice provided pursuant to these orders must:

(i) be sent by email to both; Brad Woodhouse at brad.woodhouse@corrs.com.au; and Niall Watson-Dunne at niall.watson-dunne@corrs.com.au; and

(ii) include details of the proposed transaction, together with all information reasonably necessary to enable the first respondent to consider it.