Ricon Constructions P/L v. Belvoir Apartments & Ors [1994] FCA 908

Ricon Constructions P/L v. Belvoir Apartments & Ors [1994] FCA 908

The applicant established an arguable case that payment under the contract bond should be restrained pending service and hearing, given possible irreparable damage if payment occurred, and the issues surrounding performance of the building contract and the effect of estoppel on the contract terms.

Parties
Applicant: Ricon Constructions Pty Limited; First Respondent: Belvoir Apartments Pty Limited; Second Respondent: Austcorp International Ltd; Sixth Respondent: MMI General Insurance Limited
Jurisdiction
Australia
Judgment Date
22 November 1994
Procedural Posture
Ex Parte Application / Interlocutory (injunctive Relief Sought)
Outcome
Interlocutory injunction granted (ex parte, until 5 pm on 23 November 1994)
Legal Topics
Contract Bond, Injunction, Estoppel, Interlocutory Relief
Contract Law Equity Contract Bond Injunction Estoppel Interlocutory Relief

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Parties

Ricon Constructions Pty Limited

Applicant

Belvoir Apartments Pty Limited

First Respondent

Austcorp International Ltd

Second Respondent

MMI General Insurance Limited

Sixth Respondent

Procedural Posture

Ex Parte Application / Interlocutory (injunctive Relief Sought)

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted restraining payment by the surety (MMI) under a contract bond
  2. 2 Whether the applicant has a contractual right to have the contract bond regarded as void if it has performed the contract terms
  3. 3 Whether the claim for misleading and deceptive conduct can succeed

Ratio Decidendi

The applicant established an arguable case that payment under the contract bond should be restrained pending service and hearing, given possible irreparable damage if payment occurred, and the issues surrounding performance of the building contract and the effect of estoppel on the contract terms.

Court Disposition

Interlocutory injunction granted (ex parte, until 5 pm on 23 November 1994)

Orders

  • The sixth respondent (MMI) is restrained until 5 pm on 23 November 1994 from paying to the first respondent, pursuant to the contract bond, the sum of $207,000 or any portion thereof.
  • All respondents are to be served with the application, statement of claim, notice of motion, affidavits, and orders by 5 pm, 22 November 1994, or as soon as possible thereafter.