Shashank Bist & Anor v Cyan Stone Clydesdale Estate 1 Pty Ltd (In Liquidation) & Ors 

Federal Court of Australia Proceeding No. NSD1174/2024

 ‘CLYDESDALE DEVELOPMENT AT MARSDEN PARK CLASS ACTION’

What is the Clydesdale Development at Marsden Park Class Action about?

The ‘Clydesdale Development at Marsden Park Class Action’ is a representative proceeding (otherwise commonly referred to as a ‘Class Action’), commenced by Shashank Bist and Natalia Bist (the applicants) on their own behalf and on behalf of other persons (known as ‘Group Members’) in the Federal Court of Australia, pursuant to Part IVA of the Federal Court of Australia Act 1976 (Cth).

The Clydesdale Development at Marsden Park Class Action relates to the sale and purchase of certain lots of land ‘off the plan’ being part of a development site situated at Clydesdale in Marsden Park, Sydney New South Wales (described below) between on or around 2020 to date.

How do I know if I am a Group Member?

You may be a Group Member in the Clydesdale Development at Marsden Park Class Action if you are a person or entity who entered into a contract for the purchase of lots of land at Clydesdale at:

1. Precinct 3, 1270 Richmond Road, Marsden Park NSW 2765;
2. Precinct 3.1, 1270 Richmond Road, Marsden Park NSW 2765; or
3. Precinct 3.2, 1270 Richmond Road, Marsden Park NSW 2765;

from any or all of the following companies knows as the ‘Vendors’:

1. Cyan Stone Clydesdale Estate 1 Pty Ltd (In Liquidation);
2. Cyan Stone Clydesdale Estate 2 Pty Ltd (In Liquidation);
3. Cyan Stone Clydesdale Estate 3 Pty Ltd (In Liquidation);
4. Cyan Stone Clydesdale Pty Ltd (In Liquidation);
5. Cyan Stone Clydesdale Development Pty Ltd (In Liquidation); and/or
6. Cyan Stone Clydesdale Holdings Pty Ltd (In Liquidation).

How do I participate in the ‘Clydesdale Development at Marsden Park Class Action’?

If you would like to participate in the Clydesdale Development at Marden Park Class Action, you are able to register your interest in one of the following ways:

1. Registering via 

   Clydesdale Development at Marsden Park Class Action

   Registration form for Clydesdale Development at Marsden Park Class Action

   Name(Required)

   First Last

   Email(Required)

   Enter Email Confirm Email

   Phone(Required)

   Date of execution of contract for sale of land(Required)

   Please provide us with a copy of the contract for the sale of land.

   Add Remove

   Did you pay a deposit?, If so how much did you pay?(Required)

   Add Remove

   Please provide us with a copy of any relevant receipts.

   Add Remove

   Have you requested a refund of your deposit?

   If so, have you received a refund of your deposit?

   If so, did you enter into the Refund Deed before you received the refund of your deposit?

   If known, what is the lot number the subject of the contract for sale of land.

   If known what is the square meterage of the lot the subject of the contract for sale of land.

   Did you receive any direct communications from the developer(s), real estate agents or any person about the Clydesdale development or the lot of land the subject of the contract for sale of land you entered into, including marketing materials or direct email communications?

   If so, can you please provide us with a copy of those materials.

   What other losses have you suffered? Please provide us with a copy of any documentary evidence of other losses.

   File

   Max. file size: 128 MB.

   Email

   This field is for validation purposes and should be left unchanged.
   or
2. Sending us an email providing us with your contact details at Clydesdaleclassaction@williamroberts.com.au; or
3. Calling the office of William Roberts Lawyers on (02) 9552 2111 and speaking to one of our team members.

Providing us with your contact details will ensure that you are provided with future notices and important information about the ‘Clydesdale Development at Marsden Park Class Action’.

If you are unsure whether you are a Group Member of the Clydesdale Development at Marsden Park Class Action, you should contact William Roberts Lawyers by any of the three options listed above to make the relevant enquires or seek your own independent legal advice without delay.

Please note, if you are classified as a Group Member, you automatically form part of the Clydesdale Development at Marsden Park Class Action, unless you elect to ‘‘Opt Out ’ by 4pm on 10 February 2025 (see Important Notice below).

IMPORTANT NOTICE CONCERNING GROUP MEMBERS’ RIGHTS APPROVED BY THE FEDERAL COURT OF AUSTRALIA.

[Extract only, please refer to complete ‘Opt Out Notice ’ that can be downloaded via the link provided below that contains further important information]

On 9 December 2024, the Federal Court of Australia made orders in relation to the publication and circulation of important notices to Group Members of the Clydesdale Development at Marsden Park Class Action, including the publication and circulation of what is known as an ‘Opt Out Notice’ to Group Members of the Clydesdale Development at Marsden Park Class Action.

If you are a Group Member of the Clydesdale Development at Marsden Park Class Action it is very important that you carefully review and consider the ‘Opt Out Notice’ (link to full Opt Out Notice provided below) as it concerns your rights in the Clydesdale Development at Marsden Park Class Action.

If you chose to complete and file the ‘Opt Out Notice’, then the completed ‘Opt Out Notice’ must be filed with the NSW Registry of the Federal Court of Australia by no later than 4:00pm on 10 February 2025.

A copy of the orders made by the Federal Court on 9 December 2024 as well as the complete ‘Opt Out Notice’ can be downloaded below:

• Orders made by Justice Jackman on 9 December 2024
• ‘Opt Out Notice approved by Federal Court of Australia on 9 December 2024

Where can I obtain further information or copies of relevant documents?

Copies of the relevant Court documents relating to the Clydesdale Development at Marsden Park Class Action can be downloaded by way of clicking on the links below:

1. Sealed-Originating-Application dated 27 August 2024
2. Sealed Interlocutory Application dated 27 August 2024
3. Amended Statement of Claim sealed 19 December 2024

Alternatively, you are able to obtain further information or make arrangements to inspect any of the above listed documents:

• by calling our office on (02) 9552 2111;
• sending us an email at Clydesdaleclassaction@williamroberts.com.au; or
• by contacting the NSW District Registry of the Federal Court of Australia (contact details are available at fedcourt.gov.au).

We also invite you to check our website from time to time for updated further information, documents or important notices.