CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 1) [2011] NSWLEC 90

CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 1) [2011] NSWLEC 90

Interlocutory injunctive relief was granted because the respondents accepted that there was a serious question to be tried and that the balance of convenience favoured relief, and the Court was satisfied that the applicant's undertaking as to damages was not shown to be inadequate. The evidence indicated significant funds, substantial assets and contribution rights from joint venturers sufficient to meet the likely claimed loss over the anticipated period before resolution, and the public interest in ensuring development conforms with development consent also supported the exercise of discretion.

Jurisdiction
Australia
Judgment Date
04 May 2011
Procedural Posture
Class 4 Proceedings Under S 123 of the Environmental Planning and Assessment Act 1979 Seeking Orders to Remedy and Restrain Breaches of That Act / Application for Interlocutory Injunction to Restrain Completion of Sale of Land
Outcome
Interlocutory injunction granted until further order upon the applicant giving the usual undertaking as to damages.
Legal Topics
['interlocutory Injunction' 'undertaking as to Damages' 'subdivision Development Consent' 'sale and Transfer of Land' 'real Property Register']
['environmental Planning Law' 'civil Procedure' 'land Law'] ['interlocutory Injunction' 'undertaking as to Damages' 'subdivision Development Consent' 'sale and Transfer of Land' 'real Property Register']

Case Brief

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Procedural Posture

Class 4 Proceedings Under S 123 of the Environmental Planning and Assessment Act 1979 Seeking Orders to Remedy and Restrain Breaches of That Act / Application for Interlocutory Injunction to Restrain Completion of Sale of Land

Legal Issues

  1. 1 ['Whether interlocutory relief should be granted to restrain completion and registration of the sale or transfer of lot 105 in Deposited Plan 1094273 pending determination of the proceedings.' "Whether the applicant's undertaking as to damages was adequate or required to be fortified by security." 'Whether the alleged non-compliance of the subdivision with conditions A2 and E2 of the development consent raised a serious question to be tried under s 76A(1) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Interlocutory injunctive relief was granted because the respondents accepted that there was a serious question to be tried and that the balance of convenience favoured relief, and the Court was satisfied that the applicant's undertaking as to damages was not shown to be inadequate. The evidence indicated significant funds, substantial assets and contribution rights from joint venturers sufficient to meet the likely claimed loss over the anticipated period before resolution, and the public interest in ensuring development conforms with development consent also supported the exercise of discretion.

Court Disposition

Interlocutory injunction granted until further order upon the applicant giving the usual undertaking as to damages.

Orders

  • ['Upon the applicant by its counsel giving to the Court the usual undertaking as to damages, and until further order, the first respondent is restrained from delivering or causing to be delivered to the second respondent any of the documents listed in sub-clauses (a) to (i) inclusive in clause 3.10 of the Metro...