A $46 Million Queensland golf course sale, an Eleventh-Hour Injunction and Six Weeks to Get the Deal Moving Again

A $46 Million Queensland golf course sale, an Eleventh-Hour Injunction and Six Weeks to Get the Deal Moving Again

DK OGP Pty Ltd v Onkar Global Properties Pty Ltd & Ors — S ECI 2026 01352, Supreme Court of Victoria (Commercial Court)

Days before a $46 million property transaction was due to complete, an eleventh-hour injunction brought the deal to a standstill.

For our clients, the stakes were significant. The sale could not proceed, a valuable property transaction was at risk and there was potential exposure to the purchaser if the deal ultimately fell over.

Nine Dots Legal’s Litigation Team was engaged to help get the transaction back on track.

What happened?

NDL acted for the Fifth to Thirteenth Defendants the “Hollowtree parties” comprising vendors, unit holders and guarantors behind the Arundel Estate transaction.

A minority stakeholder had commenced proceedings seeking to prevent the transaction from completing and, on 10 April 2026, the Supreme Court of Victoria granted an interim injunction restraining the sale.

While the injunction remained in place, our clients could not complete a transaction that the other parties were otherwise ready to settle.

There was another complication.

A separate security interest held by a third party over shares and units involved in the transaction also needed to be dealt with before the sale could move forward.

What had begun as a dispute between stakeholders was therefore threatening the completion of a significant property transaction.

Getting on the front foot

With our clients unable to complete the sale, waiting for the proceedings to run their course was not a commercially viable option.

Our Litigation Team took the initiative and filed its own summons in the Supreme Court seeking to have the interim injunction set aside and allow the transaction to proceed.

At the same time, the team worked through the competing third-party security interest so that it could be appropriately protected without continuing to stand in the way of completion.

The focus throughout was not simply on the litigation itself, but on the commercial outcome our clients needed to achieve: remove the roadblocks and allow the $46 million transaction to proceed.

The outcome

On 25 May 2026 approximately six weeks after the injunction was first imposed the interim injunction was dissolved in full.

The transaction was cleared to proceed.

Importantly, the minority shareholder was also ordered to pay our clients’ legal costs, resulting in a six-figure costs order in our clients’ favour.

For our clients, it meant an end to the restraint that had prevented them from completing a significant property transaction.

For our Litigation Team, the matter is a strong example of why litigation strategy needs to extend beyond simply winning the legal argument.

Litigation with the commercial outcome in mind

An injunction obtained at a critical point in a transaction can have consequences far beyond the courtroom.

Settlement dates, financing arrangements, contractual obligations and the transaction itself can all be placed at risk.

Sometimes the right litigation strategy means defending a claim. Other times, as in this matter, it means taking proactive steps to bring the issue before the Court and seeking the orders necessary to get the commercial deal moving again.

At Nine Dots Legal, our Litigation Team works closely with our Property and Commercial teams on disputes where the legal proceedings and the underlying transaction are closely connected.

If a dispute is threatening a property or commercial transaction, or if you need advice about protecting your position, contact our Litigation Team or get in touch with Nine Dots Legal to discuss how we can assist.