Piety Developments Pty Ltd v Cumberland City Council

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Piety Developments Pty Ltd v Cumberland City Council [2024] NSWCA 18

Hearing dates:

5 February 2024

Date of orders:

5 February 2024

Decision date:

05 February 2024

Before:

Gleeson JA

Decision:

(1)   That order (2) made by Parker J on 15 December 2023 be stayed pending the determination of the appeal.

(2)   Note the undertaking given by the appellant by its counsel to prosecute the appeal with due diligence.

(3)   Expedite the hearing of the appeal.

(4)   Grant leave to the parties to approach the Registrar to obtain a hearing date with an estimate of one day.

(5)   Stand over the proceedings before the Registrar on 12 February 2024 and direct the parties to agree in advance of that date a timetable for the preparation of the appeal books and exchange of written submissions.

(6)   Costs of the appellant’s motion filed 2 February 2024 will be costs in the cause.

Catchwords:

CIVIL PROCEDURE — stay of judgment pending appeal — where primary judge dismissed claim for specific performance of contract for sale of land and discharged injunction restraining respondent Council from considering rescission motion — where respondent acknowledged that appeal raised serious issues — whether balance of convenience or balance of hardship favours stay of order discharging interlocutory injunction

Cases Cited:

Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685

Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383

Category:

Procedural rulings

Parties:

Piety Developments Pty Ltd (Appellant)
Cumberland City Council (First respondent)
Bilal El-Cheikh (Second respondent)

Representation:

Counsel:
Mr F Corsaro SC (Appellant)
Mr A J McInerney SC (First respondent)

Solicitors:
Darby Jones Lawyers (Appellant)
McCabes Lawyers (First respondent)

File Number(s):

2024/14852

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity Division

Citation:

[2023] NSWSC 1627

Date of Decision:

15 December 2023

Before:

Parker J

File Number(s):

2022/38975

Judgment

1. GLEESON JA: Application is made by the appellant, Piety Developments Pty Ltd (Piety), for a stay pending appeal against the orders made by Parker J on 15 December 2023 dismissing Piety’s claim and discharging the interlocutory injunction granted by the Court below on 9 February 2022, as extended on 14 February 2022 until further order: Piety Developments Pty Ltd v Cumberland City Council (No 3) [2023] NSWSC 1627.

2. Piety was the plaintiff in the proceedings below; it sought specific performance of an alleged contract for sale of land at Lidcombe between the Council as vendor and Piety as purchaser. The injunction granted below was in the following terms:

4.   Upon provision of an undertaking as to damages by the Plaintiff, made through its counsel, to pay the applicable filing fees as soon as practicable an interim injunction, until further order of the Court, from the Defendant taking any action to rescind the resolution of the Defendant dated 3 November 2021 concerning the sale of the property located at 13 John Street, Lidcombe NSW 2141 (the Property)…