DCW Monthly: June 2025
This month we’re digging into the legal, operational, and regulatory tensions at the core of LC and guarantee practice.
On appeal, Court considered whether trial court: erred in holding that Subcontractor/Applicant was contractually precluded from relying on the unconscionability exception; correctly held that Contractor/Beneficiary’s demand was not fraudulent; and erred in declining to discharge the injunction.
Contractor-applicant appealed dismissal of complaint against principal of insolvent beneficiary and judgment debtor.
Canada's Court of Appeal of Alberta affirmed trial judgment, dismissing LC Applicant's appeal and terminating short term interim injunction.
Canada's Court of King’s Bench of Alberta denied injunction application of LC Applicant who sought to enjoin Beneficiary demand on standby LC.
💡First Modular Gas Systems Ltd. v. Citibank Europe PLC [2024] [2024] IEHC 1 [Ireland] Type of Lawsuit: Applicant renewed request
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