Total Construction Pty Ltd v Catholic Healthcare Limited [2023] NSWSC 585

Supreme Court New South Wales

Medium Neutral Citation: Total Construction Pty Ltd v Catholic Healthcare Limited [2023] NSWSC 585 Hearing dates: 26 May 2023 Decision date: 01 June 2023 Jurisdiction: Equity - Technology and Construction List Before: Ball J Decision: (1) The plaintiff pay the defendant's costs of the application for an interlocutory injunction made on 26 May 2023 on an indemnity basis; (2) The proceeding be stood over for directions to 9 June 2023. Catchwords: BUILDING AND CONSTRUCTION — Contract — Recourse to unconditional bank guarantees — Application by contractor for interlocutory injunction to restrain recourse to security — Construction of security clause — Principal able to call on guarantee in the circumstances — Contractor unable to demonstrate unconscionable conduct Legislation Cited: Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law Cases Cited: Clough Engineering Limited v Oil and Natural Gas Corporation Limited (2008) 249 ALR 458; [2008] FCAFC 136 Daewoo Shipbuilding & Marine Engineering Co Ltd v INPEX Operations Australia Pty Ltd [2022] NSWSC 1125 Duro Felguera Australia Pty Ltd v Samsung C&T Corporation [2016] WASC 119 Fletcher Construction Australia Ltd v Varnsdorf Pty Ltd [1998] 3 VR 812 Lanskey Constructions Pty Ltd v Westrac Pty Ltd [2022] WASC 90 Sugar Australia Pty Ltd v Lendlease Services Pty Ltd [2015] VSCA 98 Category: Procedural rulings Parties: Total Construction Pty Ltd (Plaintiff) Catholic Healthcare Limited (Defendant) Representation: Counsel: DS Weinberger (Plaintiff) TJ Breakspear SC with F Anwar (Defendant)