Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2021] FCA 491

Federal Court of Australia

Chopsonion Pty Ltd (Controllers Appointed) v Watts Meat Machinery Pty Ltd [2021] FCA 491 File number: SAD 109 of 2020

Judgment of: BESANKO J

Date of judgment: 12 May 2021

Catchwords: PRACTICE AND PROCEDURE — application for summary judgment or dismissal of proceeding — whether applicant has standing to bring proceeding — whether applicant is proper party to bring causes of action alleged in statement of claim — whether respondents have a valid defence to applicant's claims — whether respondents entitled to summary judgment or dismissal of proceeding on the basis of an alleged promise not to sue — application refused PRACTICE AND PROCEDURE — application to strike out statement of claim on basis that it does not disclose a reasonable cause of action — alleged deficiencies in applicant's pleas of knowledge and of loss and damage — application refused PRACTICE AND PROCEDURE — application for security for costs — where applicant impecunious — relevance of strength of applicant's case — where third parties stand to benefit from proceeding if successful — relevance of an undertaking to meet costs up to $60,000 offered by third parties — whether security for costs should be ordered to date of mediation or to end of the first day of trial — whether evidence of likely costs sufficient to found an order — security for costs ordered PRACTICE AND PROCEDURE — application to transfer proceeding to New South Wales District Registry — location of witnesses — relevance of poor health of second respondent — ability to conduct case management and interlocutory hearings by audio-visual link — no sound reason to order that proceedings be conducted elsewhere — application refused