Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ottoway Engineering Pty Ltd v Westpac Banking Corporation [2016] FCA 635 File number: SAD 90 of 2016
Judge: BESANKO J
Date of judgment: 2 June 2016
Catchwords: PRACTICE AND PROCEDURE – application for an interlocutory injunction to restrain the respondent from having recourse to a bank guarantee – whether bank guarantee should be construed as a performance bond by way of bank guarantee or as an ordinary commercial guarantee – construction of the bank guarantee – whether there is a serious question to be tried – whether balance of convenience favours granting injunction
Legislation: Australian Consumer Law (Sch 2 to the Competition and Consumer Act 2010) (Cth) ss 18, 20 Corporations Act 2001 (Cth)
Cases cited: Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 Electricity Generation Corporation (t/as Verve Energy) v Woodside Energy Ltd and Others (2014) 251 CLR 640; [2014] HCA 7 Fabtech Australia Pty Ltd v Laing O'Rourke Australia Construction Pty Ltd [2015] FCA 1371 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd and Another [2015] HCA 37; (2015) 325 ALR 188 Samsung Electronics Company Ltd v Apple Inc and Another (2011) 217 FCR 238 Wood Hall Limited v The Pipeline Authority and Another (1979) 141 CLR 443
Date of hearing: 26 April 2016
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate