Surety bonds - still as good as cash?

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Another bite at the apple? Back to school on discovery

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Unconditional bonds – are ‘clear words’ enough?

As a general rule, a beneficiary of an unconditional undertaking is entitled to convert the security into cash, unless to do so would be fraudulent, unconscionable, or in breach of a clear term of the contract restricting that ability.  It requires ‘clear words’ to inhibit a beneficiary from calling on a performance guarantee where a breach is alleged in good faith i.e. non-fraudulently.

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The 3 Rs - Religion, Redundancy, Respect

Is there such a thing as divine intervention?  A decision by the Supreme Court of New South Wales in South Head & District Synagogue (Sydney) (Administrators Appointed) (South Head) provides an interesting insight into the approach taken by courts when faced with the task of interpreting contracts founded on religious law.

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When is a judgment not worth the paper its written on?

There is a general principle adopted by the Courts and judiciary that there should be finality in any litigation, this means that there comes a point when the Courts will not allow parties to re-ventilate the issues. It normally follows a contested final hearing or any appeal of that decision.

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