Piety Developments Pty Ltd v Cumberland City Council

Piety Developments Pty Ltd sought a stay of orders made by Parker J in the Supreme Court of New South Wales, which had dismissed its claim for specific performance of a contract for the sale of land and discharged an interlocutory injunction that had restrained Cumberland City Council from considering a motion to rescind the contract. The appeal concerned the discharge of this injunction.

The primary legal issue before Gleeson JA was whether the balance of convenience or hardship favoured granting a stay of the order discharging the interlocutory injunction pending the determination of the appeal. The respondent Council acknowledged that the appeal raised serious questions to be tried.

Gleeson JA reasoned that a stay of the order discharging the injunction was warranted. The court considered the potential hardship to the appellant if the Council proceeded to consider rescission while the appeal was pending, particularly given the serious issues raised. The court also noted the undertaking by the appellant to prosecute the appeal with due diligence.

The court ordered that the order made by Parker J on 15 December 2023 be stayed pending the determination of the appeal. The hearing of the appeal was expedited, and the parties were granted leave to approach the Registrar to obtain a hearing date, with directions given for the preparation of appeal books and the exchange of submissions. Costs of the appellant's motion were made costs in the cause.