Truth About Motorways Pty Ltd (ACN 080 135 191) v Macquarie Infrastructure Investment Management Ltd (ACN 072 609 271)

The case involved a dispute between Truth About Motorways Pty Ltd and Macquarie Infrastructure Investment Management Ltd. The applicant sought summary judgment against the respondent, which was opposed. The matter was heard in the Supreme Court of New South Wales. The primary focus of the dispute was whether the applicant was entitled to summary judgment under the relevant legislation, and if not, whether the applicant should provide security for the respondent’s costs.

The court examined the criteria for granting summary judgment and considered whether there were any disputed issues of fact or law that precluded such a judgment. It also evaluated the evidence presented by both parties and the arguments regarding the enforceability of the respondent's claim. The court found that there were genuine issues of fact and law that prevented the granting of summary judgment.

Consequently, the court dismissed the motion for summary judgment. It held that the applicant had not satisfied the requirements for such a judgment and that there were disputed issues that needed to be resolved through a full trial. The court further ordered that the applicant should provide security for the respondent’s costs of the proceedings, with the specifics of the form and amount to be determined in due course.