Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Concrete Mining Structures Pty Ltd v Cellcrete Australia Pty Ltd (No 3) [2017] FCA 1483 File number: NSD 775 of 2015
Judge: BURLEY J
Date of judgment: 12 December 2017
Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – whether cross-claimant has no reasonable prospect of successfully prosecuting the proceeding – whether there is any practical utility in continuing the proceeding – whether proceeding, if continued, would be properly constituted – whether cross-claimant has standing – application granted
Legislation: Corporations Act 2001 (Cth) ss 53, 232, 233, 234, 471B Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 26.01
Cases cited: C v Commonwealth of Australia [2015] FCAFC 113; (2015) 235 FCR 81 Campbell v Backoffice Investments Pty Ltd [2009] HCA 25; (2009) 238 CLR 304 Danthanarayana v Commonwealth of Australia [2016] FCAFC 114 General Steel Industries Inc v Commissioner for Railways (NSW) [1964] HCA 69; (1964) 112 CLR 125 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 O D Transport (Australia) Pty Ltd (In liquidation) & Ors v O D Transport Pty Ltd & Ors (1997) 80 FCR 290 Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2012] FCAFC 97; (2012) 203 FCR 325 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118
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