VINCI Energies SA v McConnell Dowell Holdings Pty Ltd [2017] FCA 561

FEDERAL COURT OF AUSTRALIA

VINCI Energies SA v McConnell Dowell Holdings Pty Ltd [2017] FCA 561 File number: VID 354 of 2016

Judge: O'CALLAGHAN J

Date of judgment: 22 May 2017

Catchwords: PRACTICE AND PROCEDURE – application for temporary stay of proceeding

Cases cited: Sterling Pharmaceuticals Pty Ltd v Boots Company (Australia) Pty Ltd (1992) 34 FCR 287

Date of hearing: 12 May 2017

Registry: Victoria

Division: General Division

National Practice Area: Commercial and Corporations

Sub-area Commercial Contracts, Banking, Finance and Insurance

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicants: Mr T Walker QC, Mr R Harris and Mr J Masters

Solicitor for the Applicants: Herbert Smith Freehills

Counsel for the Respondents: Mr D Collins QC and Mr M McKillop

Solicitor for the Respondents: Minter Ellison

ORDERS VID 354 of 2016

BETWEEN: VINCI ENERGIES SA First Applicant

VINCI ENERGIES AUSTRALIA PTY LTD (ACN 602 042 339) Second Applicant

AND: MCCONNEL DOWELL HOLDINGS PTY LTD (ACN 003 207 270) First Respondent

DALE JOHN MORRISON Second Respondent

DAVID GEORGE ROBINSON Third Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 22 mAY 2017

THE COURT ORDERS THAT:

1. The respondents' application that the proceeding be temporarily stayed pending the resolution of the dispute the subject of the Notice of Dispute described in paragraph 6 of the affidavit of Rebecca Louise Bedford sworn on 9 May 2017 be stood over to a date to be fixed. 2. The applicants file and serve any affidavit evidence of their lay witnesses on or before 23 June 2017. 3. The applicants file and serve any expert reports on or before 11 August 2017. 4. The proceeding be listed for a case management hearing at 9.30 a.m. on 15 August 2017. 5. All parties have liberty to apply on the giving of 48 hours' notice. 6. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.