Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2) [2012] FCA 1 Citation: Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2) [2012] FCA 1
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: 6 January 2012
Catchwords: CONTRACT - construction contract - unconditional undertaking procured by the contractor in favour of the principal - each party purported to terminate the construction contract - the principal claimed damages from the contractor - the contractor claimed an interlocutory injunction to preclude the principal from resorting to the unconditional undertaking - whether contractor demonstrated a prima facie case that the principal is precluded from resorting to the security.
Legislation: Trade Practices Act 1974 (Cth) s 51AA Australian Consumer Law s 20
Cases cited: Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] FCA 1337 Fletcher Construction Australia Ltd v Varnsdorf Pty Ltd [1998] 3 VR 812 Bachmann Pty Ltd v BHP Power New Zealand Ltd [1999] 1 VR 420 Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 458 FMT Aircraft Gate Support Systems v Sydney Ports Corporation [2010] NSWSC 1108 Queensland University of Technology v Project Constructions (Aust) Pty Ltd (in liq) [2003] 1 Qd R 259 Merritt Cairns Constructions Pty Ltd v Wulguru Heights Pty Ltd (1995) 2 Qd R 521 Lucas Stuart Pty Ltd v Hemmes Hermitage Pty Ltd [2010] NSWCA 283 Rejan Constructions Pty Ltd v Manningham Medical Centre Pty Ltd [2002] VSC 579 Sudholz Pty Ltd v Airlie Summit Pty Ltd [2007] QSC 199 Olex Focas Pty Ltd v Skodaexport Co Ltd [1998] 3 VR 380
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