Brady Constructions Pty Ltd v Everest Projects Developments [2009] VSC 622

Civil – Appeal from Victorian Civil and Administrative Tribunal decision – Application for injunction restraining respondent from presenting a bank guarantee refused - Tribunal found a serious issue to be tried – Tribunal not satisfied that the balance of convenience favoured grant of injunction - Serious risk the respondent would not be able to repay the bank guarantee or any part thereof if required to do so in future – The Tribunal failed to have regard to critical material considerations affecting the real prospect of a risk of injustice – Matter remitted for further hearing by a differently constituted division of the Tribunal - Bradto Pty Ltd v State of Victoria [2006] VSCA 89; (2006) 15 VR 65 - Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 - Building and Construction Industry Security of Payment Act 2002 - Appeals Costs Act 1998 s 4.

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