6 Dec 2017
UNISTRESS BUILDING CONSTRUCTION LTD v. TOP DOLLARS DEVELOPMENT LTD
- Citation
- UNISTRESS BUILDING CONSTRUCTION LTD v. TOP DOLLARS DEVELOPMENT LTD
- Court
- Court of First Instance
- Case number
- HCCT29/2017
The Bond is a double (conditional/default) bond requiring the beneficiary to prove first breach by the contractor and secondly damages to sustain a claim; Unistress has locus to apply to restrain Top Dollars because the Bond's operation is not autonomous from the underlying contract and the Contract stipulated the bond form; there are serious issues to be tried on the extent of breach and quantum of damages; the balance of convenience favours continuing the injunction pending trial. Accordingly the interlocutory injunction was continued until trial or further order and costs were ordered in t…