Caverstock Group Pty Ltd v Minister for Planning (No.2) [2008] NSWLEC 215

Caverstock Group Pty Ltd v Minister for Planning (No.2) [2008] NSWLEC 215

The interests of all parties are best served by payment of the disputed monies into court, followed by their investment with the Public Trustee, to protect the applicant's potential entitlement and prevent ambiguity in compliance with the freezing order.

Parties
Applicant: Caverstock Group Pty Ltd; Respondent: Minister for Planning; Respondent on the Notice of Motion: Newcastle City Council
Jurisdiction
Australia
Judgment Date
24 July 2008
Procedural Posture
Interlocutory Application / Application for Orders Regarding Payment of Disputed Monies Into Court Following Freezing Order
Outcome
Orders granted as sought by Applicant; costs awarded to Applicant
Legal Topics
Interlocutory Relief, Freezing Order, Payment Into Court
Civil Procedure Interlocutory Relief Freezing Order Payment Into Court

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Caverstock Group Pty Ltd

Applicant

Minister for Planning

Respondent

Newcastle City Council

Respondent on the Notice of Motion

Procedural Posture

Interlocutory Application / Application for Orders Regarding Payment of Disputed Monies Into Court Following Freezing Order

Legal Issues

  1. 1 Whether disputed monies subject to a freezing order should be paid into court
  2. 2 Whether the court has power to direct payment into court under Uniform Civil Procedure Rules 2005
  3. 3 How to secure applicant's position regarding potential refund

Ratio Decidendi

The interests of all parties are best served by payment of the disputed monies into court, followed by their investment with the Public Trustee, to protect the applicant's potential entitlement and prevent ambiguity in compliance with the freezing order.

Court Disposition

Orders granted as sought by Applicant; costs awarded to Applicant

Orders

  • Respondent Newcastle City Council is directed to pay into Court the sum of $953,561.83 by 4pm 28 July 2008.
  • Registrar is directed within 24 hours of receipt to pay the money to the Public Trustee for investment pursuant to or as if pursuant to section 36A of the Public Trustee Act 1913.