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High Court refuses a summary judgment application by a plaintiff seeking to enforce a performance bond against a surety, granting the defendant leave to defend, on the grounds that credible defenses had been raised by the surety, including whether the contractor's liability had been properly established and whether the plaintiff had complied with company law; and the original High Court decision to allow the plaintiff to proceed with a claim against the surety is thus set aside, pending a full trial to resolve the disputes.
Performance bond - summary judgment - leave to defend - contract termination - interim examiner - architect's certificate - Companies Act 2014 - surety - liability - bona fide defense - clause 33 - conditional bond - conclusive evidence - plenary hearing - statutory requirements - scheme of arrangement - examiner's proposal - debt payable - expenses properly incurred - construction contract - residential development - termination notice - repudiatory breach - final account claim - dispute resolution.
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