GRANDE MEADOW DEVELOPMENTS LTD & ORS v NEW ZEALAND GENERAL REAL ESTATE LTD [2018] NZHC 680

GRANDE MEADOW DEVELOPMENTS LTD & ORS v NEW ZEALAND GENERAL REAL ESTATE LTD [2018] NZHC 680

Because the potential for harm that could not be adequately compensated by damages if certification and staged completion proceeded outweighed the limited prejudice to the respondent for the short period until the listed hearing, and because there was a reasonable possibility of the applicants' success, the Court granted a short-term interim restraint preventing the respondent applying for a s 224(c) certificate until execution of outstanding ICSAs or further order.

Citation
[2018] NZHC 680
Parties
First Applicant: Grande Meadow Developments Ltd; Second Applicant: New Zealand General Real Estate Ltd; Third Applicant: Kingstone Property Ltd; Respondent: Clark Road Developments Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 April 2018
Procedural Posture
Application for Interim Measures Restraining S 224(c) Certificate; Property Development and Contract Dispute Pending Arbitration / Interlocutory — Interim 'interim Interim' Orders Made; Substantive Interim Hearing Listed for 30 April 2018
Outcome
Interim interim injunction granted restraining the respondent from applying for a s 224(c) certificate in respect of specified subdivision consents until conditions relating to ICSAs or further order are met; timetabling orders made for substantive interim hearing.
Legal Topics
Interim Injunctions, Development Cooperation Agreements (dca), Infrastructure Cost Sharing Agreements (icsa), S 224(c) Certification Under the Resource Management Act, Staging of Subdivision Consents, Interim Relief Pending Arbitration
Property Law Contract Law Arbitration Law Resource Management Law Civil Procedure Interim Injunctions Development Cooperation Agreements (dca) Infrastructure Cost Sharing Agreements (icsa) +3 more

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Parties

Grande Meadow Developments Ltd

First Applicant

New Zealand General Real Estate Ltd

Second Applicant

Kingstone Property Ltd

Third Applicant

Clark Road Developments Ltd

Respondent

Procedural Posture

Application for Interim Measures Restraining S 224(c) Certificate; Property Development and Contract Dispute Pending Arbitration / Interlocutory — Interim 'interim Interim' Orders Made; Substantive Interim Hearing Listed for 30 April 2018

Legal Issues

  1. 1 Whether interim relief restraining a s 224(c) certification application is available pending arbitration
  2. 2 Whether harm from certification is inadequately compensable by damages (irreparable harm)
  3. 3 Balance of convenience between applicants and respondent for short-term restraint

Ratio Decidendi

Because the potential for harm that could not be adequately compensated by damages if certification and staged completion proceeded outweighed the limited prejudice to the respondent for the short period until the listed hearing, and because there was a reasonable possibility of the applicants' success, the Court granted a short-term interim restraint preventing the respondent applying for a s 224(c) certificate until execution of outstanding ICSAs or further order.

Court Disposition

Interim interim injunction granted restraining the respondent from applying for a s 224(c) certificate in respect of specified subdivision consents until conditions relating to ICSAs or further order are met; timetabling orders made for substantive interim hearing.

Orders

  • Respondent is restrained from applying to Auckland Council for a certificate issued pursuant to s 224(c) of the Resource Management Act 1991 in respect of subdivision consent SUB-60039674-A (varying LUC-2015-1698) and SUB-2016-1700 granted on 20 October 2017 until either (a) the terms of all outstanding ICSAs set...
  • Hearing of application for interim orders set for 10.00 am Monday 30 April 2018 (half day fixture).