Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Clough Engineering Ltd v Oil & Natural Gas Corporation Ltd [2008] FCA 191
INJUNCTION – orders discharging interlocutory injunctions – injunctions to restrain calling upon and payment under performance guarantees – application for leave to appeal – application for stay of execution of orders and extension of injunctions pending determination of appeal. APPEAL – application for leave to appeal – orders discharging interlocutory injunctions – construction of contract – construction of performance guarantees – validity of demands under performance guarantees – unconscionable conduct – s 51AA Trade Practices Act (1974) (Cth). Federal Court of Australia Act 1976 (Cth), s 24(1A) Trade Practices Act (1974) (Cth), s 51AA
Clough v Oil & Natural Gas Corporation Ltd [No 3] [2007]FCA 2082referred to Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied Dunstan v Orr [2007] FCA 873 cited Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] 104 FCR 564 followed Visy Industries Holdings Pty Ltd v Australian Competition and Consumer Commission (2007) 161 FCR 122 cited Yap v Granich & Associates [2001] FCA 1735 cited CLOUGH ENGINEERING LIMITED v OIL & NATURAL GAS CORPORATION LIMITED, COMMONWEALTH BANK OF AUSTRALIA, HSBC BANK AUSTRALIA LIMITED AND BNP PARIBAS WAD 13 OF 2008
GILMOUR J
29 FEBRUARY 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 13 OF 2008
BETWEEN: CLOUGH ENGINEERING LIMITED
(ACN 009 093 869)
Applicant
AND: OIL AND NATURAL GAS CORPORATION LIMITED
First Respondent
COMMONWEALTH BANK OF AUSTRALIA
(ACN 123 123 124)
Second Respondent
HSBC BANK AUSTRALIA LIMITED (ACN 006 434 162)
Third Respondent
BNP PARIBAS (ABN 23 000 000 117)
Fourth Respondent
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