Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] FCA 1337 Citation: Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] FCA 1337
Parties: REDLINE CONTRACTING PTY LTD (ABN 23 001 685 025) v MCC MINING (WESTERN AUSTRALIA) PTY LTD (ABN 69 123 854 740)
File number: WAD 458 of 2011
Judge: SIOPIS J
Date of judgment: 11 November 2011
Catchwords: CONTRACT – contract for the installation of pipelines for resources project – unconditional undertaking procured by contractor in favour of the principal – whether negative stipulation in contract – whether contract precludes the principal from calling on unconditional undertaking. PRACTICE AND PROCEDURE – interlocutory injunction – whether the contractor demonstrated a prima facie case.
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 458
Date of hearing: 11 November 2011
Date of Publication of Reasons: 23 November 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: Mr P Dunning SC
Solicitor for the Applicant: Holding Redlich
Counsel for the Respondent: Mr SK Dharmananda SC
Solicitor for the Respondent: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 458 of 2011
BETWEEN: REDLINE CONTRACTING PTY LTD (ABN 23 001 685 025)
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