Read the full judgment text of HCCT000036/1995 on BabelCite. This HIGH COURT judgment was delivered on 27 May 1997 before The Hon Mr Justice Findlay in Chambers.
Construction contract dispute; injunction granted ex parte with $200,000 fortification pending trial. Defendants disputed plaintiff’s allegations and the injunction was continued with undertaking as to damages, the matter stood over to trial to save costs. Plaintiff sought discharge of injunction and recovery of fortification sum before trial. Court held that the fortification sum should not be returned prior to trial as the matter was properly stood over by Rogers, J, and no new urgency or satisfactory reason to depart from this procedure existed. Defendants had not yet presented their defence and it would be unfair to require premature decision. Accordingly, injunction was discharged but fortification sum was retained, plaintiff ordered to pay costs of this application.
Legal issues: Whether the fortification money should be returned to plaintiff
Outcome: Injunction discharged; application for return of $200,000 fortification dismissed; plaintiff ordered to pay costs.