Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El-Rihani v Hotait [2020] FCA 912 File number: NSD 807 of 2018
Judge: FARRELL J
Date of judgment: 30 June 2020
Catchwords: CONTRACT – construction – Deed of Separation - meaning of "future liabilities" – whether claims lodged before execution of Deed but unpaid at date of execution are "future liabilities" CONTRACT – frustration – whether Deed of Separation frustrated by appointment of a liquidator
Legislation: Corporations Act 2001 (Cth) ss 198G, 461, 474, 588FA, 601AA
Cases cited: BP Refinery (Westernport) Pty Ltd v President, Councillors and Ratepayers of the Shire of Hastings (1977) 180 CLR 266 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24, (1982) 149 CLR 337 Davis Contractors Ltd v Fareham Urban District Council [1956] AC 696 McGrath v Sturesteps; Sturesteps v HIH Overseas Holdings Ltd (in liq) [2011] NSWCA 315; (2011) 81 NSWLR 690 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 Newey v Westpac Banking Corporation [2014] NSWCA 319
Date of hearing: 26 September 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Category: Catchwords
Number of paragraphs: 145
Counsel for the Plaintiff: Mr T Lynch SC with Ms AJ Carr
Solicitor for the Plaintiff: HWL Ebsworth Lawyers
Counsel for the Defendant: Mr AR Davis
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