12 Jun 2019
ARROW INTERNATIONAL (NZ) LTD v NZ PROJECT 29 LTD [2019] NZHC 1326
- Citation
- [2019] NZHC 1326
- Court
- High Court
The contractual scheme (cl 14.2.7 and the Construction Bond) allocated the risk and provided for provisional engineer certification and draw on the Bond to protect the principal's cashflow; the court will not grant an interim injunction that cuts across expressly agreed contractual machinery unless the certificate is invalid as a matter of the contract. The engineer's provisional certificate, notwithstanding arguable procedural shortcomings, fell within the contractual framework and did not justify continuation of the interim injunction; accordingly the injunction was discharged.