Lendlease Corporation Ltd v Acciona Infrastructure Asia Pacific Pty Ltd [2021] NSWSC 1546

Lendlease Corporation Ltd v Acciona Infrastructure Asia Pacific Pty Ltd [2021] NSWSC 1546

It was not appropriate to order the determination of the separate question, as resolution would not finally resolve the substantive matters and may require consideration of extrinsic circumstances, which should await the final hearing.

Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Civil / Application for Separate Determination of Question
Outcome
Application for separate determination refused
Legal Topics
['separate Determination of Questions' 'contractual Construction']
['civil Procedure'] ['separate Determination of Questions' 'contractual Construction']

Case Brief

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Procedural Posture

Civil / Application for Separate Determination of Question

Legal Issues

  1. 1 ['Whether an order should be made for the separate determination of a question of construction of the operative agreement (SSA)' 'Whether any equitable right Acciona might have to set-off is excluded by the terms of the SSA']

Ratio Decidendi

It was not appropriate to order the determination of the separate question, as resolution would not finally resolve the substantive matters and may require consideration of extrinsic circumstances, which should await the final hearing.

Court Disposition

Application for separate determination refused

Orders

  • ["Lendlease's Amended Notice of Motion of 26 November 2021 dismissed with costs"]