CPB CONTRACTORS PTY LTD v JKC AUSTRALIA LNG PTY LTD (NO 2)

摘要

The appellant subcontractor was party to a contract with the respondent head contractor for engineering procurement, construction and commissioning works. The head contractor demanded payment of liquidated damages from the subcontractor arising from late completion of the works. The subcontractor disputed the head contractor's entitlement to the liquidated damages on the basis of the head contractor's assessment of the subcontractor's extension of time claims. The subcontractor applied for an interlocutory injunction preventing the head contractor from seeking recourse to the performance bonds (referred to in the subcontract as Bank Guarantees) provided under the subcontract by the subcontractor, until after the determination of the validity and extent of the subcontractor's extension of time claims.