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Kennedy Taylor (Vic) Pty Ltd v Baulderstone Hornibrook Pty Ltd [2000] VSC 43 | Case summary | Zoe

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Home/Cases/[2000] VSC 43

VICVSC

Kennedy Taylor (Vic) Pty Ltd v Baulderstone Hornibrook Pty Ltd [2000] VSC 43

[2000] VSC 43

Supreme Court of Victoria|2000-01-18|Before: BEACH, J.

View original source

At a glance

Source facts

Court

Supreme Court of Victoria

Decision date

2000-01-18

Before

BEACH, J.

Catchwords

Building contracts - Provision of security by subcontractor to contractor - Whether recourse to security available to contractor - Clause for security survives termination of contract.

Source

Original judgment source is linked above.

Catchwords

Building contracts - Provision of security by subcontractor to contractor - Whether recourse to security available to contractor - Clause for security survives termination of contract.

Judgment (2 paragraphs)

[1]

The application for interlocutory relief is dismissed with costs to be taxed, including any reserved costs, and paid by the plaintiff.

[2]

I do not propose to vary the orders I have pronounced.

Parties

Applicant/Plaintiff:

Kennedy Taylor (Vic) Pty Ltd

Respondent/Defendant:

Baulderstone Hornibrook Pty Ltd [2000] VSC 43

Cases Cited (1)

See in that respect Fletcher Construction Australia Ltd. v Varnsdorf Pty. Ltd. (1998) 3 V.R. 812, Backman Pty. Ltd. v BHP Power New Zealand Ltd. [1998] VSCA 40; (1999) 1 V.R. 420, and Anaconda Operations Pty. Ltd. & Ors. v Fluor Daniel Ltd., (Court of Appeal, unreported 13.12.99).