In this matter the applicant was the contractor and the respondent the principal in a design and construct contract for a hotel. The applicant arranged for a performance bond to be issued as part of the requirements of the contract. The respondent alleged that the applicant failed to rectify construction defects exceeding the value of the bond and demanded payment of the bond. Issues arising in the matter included whether injunctive relief was available to restrain the respondent from calling on, or otherwise having recourse to, the bond and whether there was a serious question to be tried and the balance of convenience favours the granting of an injunction.
Stewart Webster appeared on behalf of the respondent, instructed by Thomson Geer.
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