Clough Engineering Limited v Oil and Natural Gas Corporation Limited
| Jurisdiction | Australia Federal only |
| Judgment Date | 22 July 2008 |
| Neutral Citation | [2008] FCAFC 136 |
| Court | Full Federal Court (Australia) |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
19 cases
-
Good Living Company Pty Ltd as trustee for the Warren Duncan Trust No 3 v Kingsmede Pty Ltd
...[2010] NSWSC 386 CIT Credit Pty Ltd v Keable [2006] NSWCA 130 Clough Engineering Limited v Oil and Natural Gas Corporation Limited [2008] FCAFC 136; 249 ALR 458 Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75; 251 FCR 404 Commercial Bank of Australia Limited v Amadio ......
-
Daniel Matthew Simic and Others(Appellants) v New South Wales Land and Housing Corporation and Others
...Hall Ltd v Pipeline Authority (1979) 141 CLR 443 at 451 per Gibbs J. 15Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 458 at 478 [77]–[78] and authorities there cited. 16 [2015] NSWCA 413 at [98]. 17 [2015] NSWCA 413 at [100]. 18 [2015] NSWCA 413 at [101]. 19 [2......
-
The Owners - Strata Plan No 91086 v Fairview Architectural Pty Ltd (No 3)
...Ltd; Caitlin Australia Pty Ltd v Giabal Pty Ltd [2020] NSWCA 309 Clough Engineering Ltd v Oil and Natural Gas Corp (2008) 249 ALR 458; [2008] FCAFC 136 DSHE Holdings Ltd (receivers and managers appointed) (in liq) v Abboud [2017] NSWSC 579 F & H Construction v ITT Hartford Insurance Company......
-
The Good Living Company Pty Limited ATF the Warren Duncan Trust No 3 v Kingsmede Pty Ltd
...Industries Corp [1996] 4 All ER 563; 2 Lloyd’s Rep 524 Clough Engineering Ltd v Oil and Natural Gas Corporation Ltd (2008) 249 ALR 458; [2008] FCAFC 136 Ideas Plus Investments Ltd v National Australia Bank Ltd (2006) 32 WAR 467 Monroe Topple & Associates Pty Ltd v Institute of Chartered Acc......
Request a trial to view additional results
5 firm's commentaries
-
Calling on a performance security - When a bona fide belief is just not enough
...security conditional upon default by the contractor was previously considered in Clough Engineering Ltd v Oil and Natural Gas Corp Ltd [2008] FCAFC 136. Access to the performance guarantee in that case was conditional on the contractor "failing to honour any of the commitments" entered into......
-
Performance Guarantees In Construction Contracts
...a party from calling on a performance guarantee. The case of Clough Engineering Limited v Oil & Natural Gas Corporation Limited [2008] FCAFC 136 the general principle that courts are reluctant to interfere except in limited circumstances, such as fraud. A performance guarantee is a form......
-
When can a party restrict the use of an unconditional performance guarantee?
...the Federal Court of Australia. The Federal Court has reaffirmed Clough Engineering Limited v Oil & Natural Gas Corporation Limited [2008] FCAFC 136, in the recent decision of Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd [2011] FCA The decision confirms how impor......
-
Performance Bonds And Construction Contracts
...aspects of performance such as liquidated damages. Reference: Clough Engineering Limited v Oil and Natural Gas Corporation Limited [2008] FCAFC 136 This article was written for Law-Now, CMS McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-......
Request a trial to view additional results
2 books & journal articles
-
Security for performance
...J; Orrcon Operations Pty Ltd v Capital Steel & Pipe Pty Ltd [2007] FCa 1319; Clough Engineering Ltd v Oil & Natural Gas Corporation Ltd [2008] FCaFC 136; Redline Contracting Pty Ltd v MCC Mining (Western Australia) Pty Ltd (No 2) [2012] FCa 1 at [56]–[68], per Siopis J; Ottoway Engineering ......
-
Contract formation
...14 BCL 91 [NSWCA]; Clough Engineering Ltd v Oil & Natural Gas Corporation Ltd (No 3) [2007] FCA 881 at [31], per Gilmour J (airmed [2008] FCaFC 136); Mi-Space (UK) Ltd v Bridgwater Civil Engineering Ltd [2015] EWHC 3360 (tCC) at [99], per Edwards-Stuart J. 129 “in the classical language of ......