Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2006] NSWSC 481

Cordon Investments Pty Ltd v Lesdor Properties Pty Ltd [2006] NSWSC 481

The plaintiff's application for interlocutory specific performance or a mandatory injunction must fail because there is no serious question to be tried as to breach: Lesdor’s obligation to execute strata plans arises only upon the factual completion of building works in accordance with the contract, and there is...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Contractual Dispute—interlocutory Application / Interlocutory (application for Interlocutory Order Refused)
Outcome
Interlocutory application for orders refused; application dismissed; costs reserved.
Legal Topics
['specific Performance' 'mandatory Injunction' 'joint Venture Agreements' 'completion of Building Works' 'strata Plan Registration']
['equity' 'contracts'] ['specific Performance' 'mandatory Injunction' 'joint Venture Agreements' 'completion of Building Works' 'strata Plan Registration']

Source-derived case record

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Contractual Dispute—interlocutory Application / Interlocutory (application for Interlocutory Order Refused)

Legal Issues

  1. 1 ['Whether there is a serious question to be tried as to breach by Lesdor of its contractual promise to execute strata plans after completion of building works' 'Whether completion of building works has occurred as defined by the contract' 'Whether interlocutory mandatory relief (specific performance or injunction) is appropriate']

Ratio Decidendi

The plaintiff's application for interlocutory specific performance or a mandatory injunction must fail because there is no serious question to be tried as to breach: Lesdor’s obligation to execute strata plans arises only upon the factual completion of building works in accordance with the contract, and there is insufficient evidence that such completion has occurred.

Court Disposition

Interlocutory application for orders refused; application dismissed; costs reserved.

Orders

  • ['The application for interlocutory orders is dismissed.' 'Costs of the interlocutory application are reserved for later determination.']