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Bombardier Africa Alliance Consortium v Lombard Insurance Company Limited and Another (A222/2019) [2020] ZAGPPHC 554

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Bombardier Africa Alliance Consortium v Lombard Insurance Company Limited and Another (A222/2019) [2020] ZAGPPHC 554

9th October 2020

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Click here to read the full judgment on Saflii

Performance Guarantee – Interim interdict - restraining financial institution from making payment in terms of a demand guarantee pending the final determination of an action to be instituted for an order setting aside the demand for payment in terms of the guarantee – Whether prima facie right, although open to some doubt, to have the demand for payment in terms of the guarantee set aside on the grounds that the demand did not comply with the terms of the guarantee and that the fraud rule or exception finds application.     

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