23 Sept 2015
GRANDE CACHE COAL LP AND ANOTHER v. MARUBENI CORPORATION AND ANOTHER
- Citation
- GRANDE CACHE COAL LP AND ANOTHER v. MARUBENI CORPORATION AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2136/2015
The Ex Parte Order was discharged because the Advance Payment Guarantee is independent and no fraud was alleged; the plaintiffs failed to meet the higher evidential threshold required to restrain payment under such a guarantee; there was material non-disclosure regarding the nature of the guarantee and governing principles and improper/illusory notice was given of the ex parte hearing; damages were an adequate alternative remedy.