Caverstock Group Pty Limited v Minister for Planning [2008] NSWLEC 225

Caverstock Group Pty Limited v Minister for Planning [2008] NSWLEC 225

The Court made the freezing order because the Uniform Civil Procedure Rules 2005 permitted an ex parte freezing order against a non-party, there was a serious question to be tried about money central to the applicant's s 96 modification application, and without preservation of the money the utility of the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 July 2008
Procedural Posture
Class 1 Proceedings Seeking a Modification Under S 96 of the Environmental Planning and Assessment Act 1979 / Urgent Ex Parte Motion for Freezing Order
Outcome
Urgent ex parte freezing order granted; matter stood over to Tuesday 8 July 2008.
Legal Topics
['ex Parte Application' 'freezing Order' 's 96 Modification Application' 'development Consent Condition' 'non Party Subject of Freezing Order']
['planning and Environment Law' 'civil Procedure'] ['ex Parte Application' 'freezing Order' 's 96 Modification Application' 'development Consent Condition' 'non Party Subject of Freezing Order']

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Procedural Posture

Class 1 Proceedings Seeking a Modification Under S 96 of the Environmental Planning and Assessment Act 1979 / Urgent Ex Parte Motion for Freezing Order

Legal Issues

  1. 1 ["Whether an urgent ex parte freezing order should be made restraining Newcastle City Council from transferring, disposing of, or dealing with money obtained under a bank guarantee pending the applicant's s 96 modification application." 'Whether a freezing order may be made against Newcastle City Council although it is not a party to the proceedings.']

Ratio Decidendi

The Court made the freezing order because the Uniform Civil Procedure Rules 2005 permitted an ex parte freezing order against a non-party, there was a serious question to be tried about money central to the applicant's s 96 modification application, and without preservation of the money the utility of the proceedings would be lost to the applicant.

Court Disposition

Urgent ex parte freezing order granted; matter stood over to Tuesday 8 July 2008.

Orders

  • ['Until further order, pursuant to Part 25.11 of the Uniform Civil Procedure Rules 2005, Newcastle City Council by itself, its officers, employees, agents or otherwise, be restrained from transferring, disposing of, or dealing with money obtained by it having on 23 June 2008 called upon the Commonwealth Bank to...