| Monadelphous Engineering Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd (QCA) - equity - no error in refusal to grant interlocutory injunction restraining respondent from calling on bank guarantees - appeal dismissed |
| Electricity Generation and Retail Corporation t/as Synergy v Woodside Energy Ltd (WASC) - commercial arbitration - sale and purchase agreement - leave to appeal from arbitral award fixing gas price refused |
| Summaries With Link (Five Minute Read) |
Monadelphous Engineering Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd [2014] QCA 330
Court of Appeal of Queensland
Muir, Fraser & Morrison JJA
Equity - primary judge refused application by appellants for interlocutory injunction to restrain respondent from calling on bank guarantees supplied by appellants under two contracts and seeking return of bank guarantees - primary judge held there was no serious question to be tried and that interlocutory injunction should be refused because damages were an adequate remedy - held: interlocutory injunction refused in relation to one contract - serious question to be tried whether other contract was a building contract as defined in s67AAA(1) Queensland Building and Construction Commission Act 1991 (Qld) - serious question to be tried whether appellants entitled to injunction restraining respondent from having recourse to guarantees - no evidence that refusal of an interlocutory injunction would cause material harm to appellant - primary judge did not err in refusing to grant an interlocutory injunction - appeal dismissed.
Monadelphous Engineering Pty Ltd |
Electricity Generation and Retail Corporation t/as Synergy v Woodside Energy Ltd [2014] WASC 469
Supreme Court of Western Australia
Martin CJ
Commercial arbitration - buyer sought leave to appeal from an arbitral award fixing price at which gas will would be sold to buyer by sellers pursuant to provisions of sale and purchase agreement - leave to appeal sought on ground there were manifest errors of law on the face of the award which could substantially affect buyer's rights - construction of provision of agreement - adequacy of reasons - ss29, & 38 Commercial Arbitration 1985 (WA) - held: buyer failed to establish any error of law manifest on the face of the award - application for leave to appeal refused.
Electricity Generation and Retail Corporation t/as Synergy |
