Saipem Australia Pty Ltd’s three valiant attempts to injunct GLNG Operations Pty Ltd from calling on bank guarantees left it with what might be termed a ‘flesh wound’. But its efforts leave us with a better understanding of how the notice provision in section 67J of the Queensland Building and Construction Commission Act 1991 should be interpreted, particularly with respect to the term ‘debt due’. Of wider importance is the approach of the Court in each case to the assessment of the balance of convenience in light of the bargain struck between the parties.
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