In February 2016, a consortium led by a Grocon (Grocon) company submitted two proposals for the development of Central Barangaroo, both of which contained construction plans that far exceeded the approved approach plans for Central Barangaroo, and especially the Lendlease sight lines and, to a lesser extent, Crown`s vision lines towards the port. Prior to the presentation of the offer, Grocon felt that there were no altitude limits. Grocon was selected as the preferred bidder in mid-2016 and the Authority entered into a development contract with Grocon in November 2017. The Court found that the purpose of the Sight Line clauses was, on the substantive issues, to give Crown and Lendlease “a place at the table,” which would allow them to negotiate with the Authority on the form of development at Central Barangaroo if the proposal was to distinguish the one in the conceptual plan. Crown Resorts has taken legal action against the NSW government for its new Sydney casino in Barangaroo and said another development in the district threatens the prospect of its sydney Harbour casinos. “The finalization of the BDA and Lend Lease agreements is an important step in the development of Crown Sydney Hotel Resort,” said Rowen Craigie, Executive Chef of Crown Resorts. The Authority met with Crown and Lendlease in April 2016 and presented various designs for the development of Central Barangaroo. Each, however, would affect the sight lines and was rejected by Crown and Lendlease. Subsequent discussions between the parties did not resolve the matter. Crown and Lendlease were not given the opportunity to discuss and negotiate in good faith with the Authority on the conceptual changes, following in-depth discussions and analysis between the Authority and Grocon on the proposed developments and Grocon`s willingness to file an application with the NSW Planning Authority.

Shortly after the development agreements were concluded with Crown and Lendlease, the government announced plans to build a metro station in Barangaroo, which meant that the density of office or business development in the adjacent central district of Barangaroo could be much higher. This announcement was followed by the announcement which called for further expressions of interest in the development of Central Barangaroo. The New York Supreme Court decision of the Crown Sydney Property v Barangaroo Delivery Authority; Lendlease (Millers Point) /Barangaroo Delivery Authority[1] stresses the need for governments to enter into trade agreements, such as development agreements. B, carefully choose the language used and carefully comply with the conditions or deal with the potentially costly consequences of the absence of rights.