NSW Caselaw
New South Wales Supreme Court
CITATION : Planet Build (NSW) Pty. Limited v. Lassgol Pty. Limited [2000] NSWSC 788 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3360/00 HEARING DATE(S) : 03/08/00 JUDGMENT DATE : 9 August 2000
PARTIES : Planet Build (NSW) Pty. Limited - plaintiff Lassgol Pty. Limited - defendant JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : M.J. Walsh for plaintiff A. Henskens for defendant SOLICITORS : Tress Cocks & Maddox, Sydney for plaintiff Colin Biggers & Paisley, Sydney for defendant CATCHWORDS : CONTRACTS - Building, engineering and related contracts - Retention moneys and security - Performance bond - Rights of owner and builder - Whether set-off available. - INJUNCTIONS - Interlocutory injunctions - Whether questions of law should be decided. Blue Chip Pty. Ltd. v. Concrete Constructions Group Pty. Ltd. (1997) 13 BCL 31 Algons Engineering Pty. Ltd. v. Abigroup Contractors Pty. Ltd. (1998) 14 BCL 215 CASES CITED : Barclay Bowlem Construction Ltd. v. Simon Engineering (Aust) Pty.Ltd. (1991) 23 NSWLR 451 Karguleski v. Vasil Brothers & Co.Pty. Ltd. (1981) NSWLR 267 Hortico (Aust) Pty. Ltd. v. Energy Equipment Co. Aust Pty. Ltd. (1985) 1 NSWLR 545 MCP Muswellbrook Pty. Ltd. v. Deutsche Bank (Asia) AG (1988) 12 NSWLR 11. DECISION : See end of judgment
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON, CJ in Eq.
Wednesday 9th August 2000
NO. 3360 OF 2000 PLANET BUILD (NSW) PTY. LIMITED V. LASSGOL PTY. LIMITED
JUDGMENT
1 Under a contract dated 27th August 1998, the plaintiff Planet Build agreed with the defendant Lassgol to design and construct an apartment complex at Camperdown for $4.6 million. This agreement was varied by a Deed of Release made on 5th November 1999. 2 On 12th February 1999, Lassgol was provided with a Performance Bond by American Reinsurance Company, in an amount of $115,000.00, in respect of the performance by Planet Build of its obligations under the contract. Lassgol has given notice of its intention to call on this Bond in respect of an alleged default by Planet Build under the contract. I am dealing with an application by Planet Build for an injunction to restrain Lassgol from calling on that Bond.
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