Lendlease Communities (Figtree Hill) Pty Ltd v Mount Gilead Pty Ltd

The case of Lendlease Communities (Figtree Hill) Pty Ltd versus Mount Gilead Pty Ltd was heard in the Supreme Court of New South Wales. The plaintiffs, Lendlease Communities, sought to enforce the terms of an irrevocable offers deed entered into with the defendants, Mount Gilead. The deed, concerning land at Campbelltown, included call and put options. The primary dispute centred around the interpretation of the deed's requirement that a plan of subdivision be based on a plan annexed to the deed. The plaintiffs argued that the defendants had lost their right to call for the remaining lots because the submitted plan of subdivision did not align with the annexed plan.

The court had to determine whether the plan of subdivision submitted by the defendants complied with the terms of the irrevocable offers deed. Specifically, the court needed to decide if the deed mandated that the plan be based on the annexed plan. Additionally, the court had to consider whether the plaintiffs had a serious question to be tried concerning their right to call for the remaining lots if the defendants' plan did not meet the specified requirements. The court also had to assess the degree of satisfaction required for the plaintiffs' prospects of success in light of the serious questions being tried.

The court found that the plan of subdivision submitted by the defendants did not comply with the terms of the irrevocable offers deed as it was not based on the annexed plan. Consequently, the court ruled that the plaintiffs had a serious question to be tried concerning their right to call for the remaining lots. The court also held that the plaintiffs had demonstrated a sufficient degree of satisfaction regarding their prospects of success to warrant the grant of an interlocutory mandatory injunction. The court subsequently ordered the defendants to lodge the plan of subdivision with the local council in accordance with the terms of the deed.