Case Reports

Construction of particular contracts and implied conditions

In Walton Construction (Qld) P/L & Anor v Venture Management Resources International P/L & Anor [2010] QSC 31 (10 February 2010), the Supreme Court of Queensland considered an application to restrain the second respondent from accessing funds secured by a bank guarantee pursuant to a building contract between the first applicant and the second respondent.  The first respondent issued a payment certificate pursuant to cl 47.1 of the building contract stating an amount of payment due to be paid by the first applicant to the second respondent.  The principal issue before the Court was whether the amount could be properly described as “otherwise due”.