The saga of Saipem and GLNG: injunctions, bank guarantees and s 67J of the Queensland Building and Construction Commission Act 1991 (Qld)
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.
Elizabeth Gaffney is a barrister with particular expertise in construction and resources disputes. She has acted as junior counsel in some of the State’s largest construction and resources claims, assisting leading Queen’s Counsel. Prior to commencing practice at the Bar, Elizabeth held the position of Legal Counsel at Arrow Energy Pty Ltd. This followed her career as a solicitor in construction and resources teams at leading firms including Minter Ellison, Brisbane, Mallesons Stephen Jaques, Melbourne and A&L Goodbody, Dublin. Elizabeth is a member of the Bar Association of Queensland’s Building & Construction Law Committee.
Light refreshments will be served following our guest speaker.
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