Contract - Construction - Negative stipulation in contract - Whether bona fide belief in entitlement to call upon performance bond - Whether conditions to call upon performance bond have been met
Contract - Construction - Strict compliance - Application of strict compliance to performance bond - Whether strict compliance with term of performance bond is required - Whether strict compliance enforced at construction of instrument or performance
Conflict of laws - Choice of law rule - Characterisation - Merger and subsequent dissolution of foreign corporation - Status of foreign corporation to be determined by law of place of incorporation - Succession to rights and liabilities - Whether succession a question as to status of foreign corporation
Injunction - Balance of convenience - Serious question to be tried - Performance bond - Allocation of risk until matter is determined - Where grant of injunction would have practical result of determining matter finally
Case Details
Citation[2016] WASC 49
CourtWASC
JurisdictionWestern Australia
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