Resort Lifestyle Developments Pty Ltd v NGI Savannah Living Communities Pty Ltd

Resort Lifestyle Developments Pty Ltd and others sought the removal of caveats over properties they owned from the register of titles, and clarification and variation of a freezing order made against one of the applicants. The respondent, NGI Savannah Living Communities Pty Ltd, lodged the caveats over the properties, claiming they were within the scope of the freezing order made against one of the applicants. The applicants argued the properties were not subject to the freezing order and sought declarations to that effect, or alternatively, a variation of the order. The Queensland Supreme Court considered whether the properties were assets within the scope of the freezing order and if the companies were restrained from dealing with the properties by the freezing order.

The court found that the properties were not assets of the applicant within the meaning of the freezing order and, therefore, were not subject to the order. The court also found that the freezing order did not prohibit the companies from developing and selling the properties. The court concluded that the freezing order should be varied to clarify that the properties were not subject to the order and that the companies could proceed with development and sale of the properties. The court ordered the removal of the caveats and varied the freezing order to clarify its scope.

The court ordered that the caveats over the properties be removed and that the freezing order be varied to clarify that the properties were not subject to the order and that the companies could proceed with development and sale of the properties. The court also ordered that the respondent pay the costs of the applicants.