Croome Pty Ltd as trustee for Croome Lifestyle Trust v R & H Constructions Pty Ltd & Ors [2006] QSC 316

State Reporting Bureau Jsco<Q 3l4> Queensland Government Department of Justice and Attorney-General Transcript of Proceedings Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Director, State Reporting Bureau. SUPREME COURT OF QUEENSLAND CIVIL JURISDICTION JONES J REVISED COPIES ISSUED State Reporting Bureau Date: 8 September, 2006 Applicant 1st Respondent 2nd Respondent 3rd Respondent CAIRNS . .DATE 08/09/2006 JUDGMENT No 359 of 2006 CROOME PTY LTD as Trustee for the CROOME LIFESTYLE TRUST and R & H CONSTRUCTIONS (QLD) PTY LTD STEPHEN JOHN ROULSTON JAMES FRANCIS SPEEDMAN EARNING: The publication of information or details likely to lead to the identification of persons in some proceedings is a criminal ffence. This is so particularly in relation to the identification of children who are involved in criminal proceedings or proceedings for leir protection under the Child Protection Act 1999, and complainants in criminal sexual offences, but is not limited to those ategories. You may wish to seek legal advice before giving others access to the details of any person named in these proceedings. 1 1 Floor, The Law Courts, George Street, Brisbane, Q. 4000 Telephone: (07) 3247 4360 Fax: (07) 3247 5532 -- 1 of 3 -- HIS HONOUR: When this matter came on for hearing there was no appearance on behalf of the first respondent, R & H Constructions (Qld) Pty Ltd. The applicant has elected to proceed against the first respondent and to abandon its claims against the other respondents, one of whom, at least, has not been served. The applicant seeks firstly the specific performance of the terms of a joint venture agreement which required the respondent company to provide security documents for advances made by the applicant to the first respondent. That obligation appears in clause 3.6 to the joint venture agreement, which was executed on the 21st of November 2005, and which is exhibited as exhibit TMD1 to the affidavit of Timothy Michael Dobinson, sworn 22 August 2006. By virtue of that clause, the first respondent was required to grant a third ranking mortgage over the property, which was defined in the agreement, and a fifth ranking fixed and floating charge over the assets and undertaking of the first respondent. The relevant security documents were prepared. They were submitted first to the first respondent on the 5th of December 2005 and directly to a director of that company, Mr Stephen Roulston. The security documents were not executed by the first respondent, despite repeated attempts, by the applicant to have this done. No objection has been taken by the first respondent to the form of those two documents which appear, to my quick reading, to be in standard terms. No valid objection 08092006 D.l T4/GAK M/T CNS1/2006 (Jones J) 2 JUDGMENT -- 2 of 3 -- has been raised either to the signing of the documents in 1 compliance with the joint venture agreement. In circumstances there where the first respondent has not appeared to challenge these obvious facts, it seems to me 10 appropriate to order the specific performance of those covenants, as sought in the application. In default of the first respondent doing so in accordance with my order, I will direct that relevant respective documents be signed by the Registrar of the Court at Cairns. I will make orders in terms 20 of the draft initialled by me and placed with the papers. 08092006 D.l T4/GAK M/T CNS1/2006 (Jones J) 30 40 50 3 JUDGMENT -- 3 of 3 --