East Rockingham RRF Project Co Pty Ltd as Trustee for the East Rockingham RRF Project Trust v Acciona Construction Australia Pty Ltd (No 2) [2024] FCA 1014

Federal Court of Australia

East Rockingham RRF Project Co Pty Ltd as Trustee for the East Rockingham RRF Project Trust v Acciona Construction Australia Pty Ltd (No 2) [2024] FCA 1014 File number: WAD 72 of 2024

Judgment of: FEUTRILL J

Date of judgment: 4 September 2024

Catchwords: PRACTICE AND PROCEDURE – security as condition of trial of issues raised by way of defence – summary judgment

Legislation: Corporations Act 2001 (Cth) Pts 5.2-5.9 Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 37P(2) Federal Court Rules 2011 (Cth) rr 1.32, 1.33, 1.34, 1.35, 1.40, 1.41, 5.04, 9.05(1); Div 10.3 Property Law Act 1969 (WA) s 11(2)

Cases cited: Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd [2008] FCAFC 136; 249 ALR 458 East Rockingham RRF Project Co Pty Ltd as Trustee for the East Rockingham RRF Project Trust v Acciona Construction Australia Pty Ltd [2024] FCA 759 Hastie Group Ltd (in liq) v Multiplex Constructions Pty Ltd (No 3) [2022] FCA 1280; 410 ALR 531 Simic v New South Wales Land and Housing Corporation [2016] HCA 47; 260 CLR 85 Sino Iron Pty Ltd v Mineralogy Pty Ltd (No 2) [2017] WASCA 76; 55 WAR 36

Division: General Division