Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
El Rihani v Hotait (No 2) [2023] FCA 375 File number: NSD 807 of 2018
Judgment of: FARRELL J
Date of judgment: 24 April 2023
Catchwords: CONTRACT – separation and termination of construction and development business – Deed of Separation – whether obligation to make contributions into Trust Account for liabilities of jointly held construction company – where liabilities of jointly held construction company disputed – whether claims for contribution made bona fide – whether indemnity obligations under Deeds of Guarantee and Indemnity signed on same day as Deed of Separation are triggered by obligations imposed by Deed of Separation
Legislation: Federal Court of Australia Act 1976 (Cth) s 54A Federal Court Rules 2011 (Cth) pt 23.01 Home Building Act 1989 (NSW) ss 18B-18BA
Cases cited: Cochrane v Cochrane [1985] 3 NSWLR 403 El Rihani v Hotait [2020] FCA 912 Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 190
Date of last submission: 24 August 2022
Dates of hearing: 13 October 2021, 2 February 2022, 25 August 2022
Counsel for the Plaintiff: Mr T Lynch SC, Ms A Carr
Solicitor for the Plaintiff: HWL Ebsworth
Counsel for the Defendant: Mr AR Davis, Mr A Jucha
Solicitor for the Defendant: Chamberlains Law Firm (ceased to act from 16 June 2022)
ORDERS NSD 807 of 2018
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