Critical Lessons for Builders from the Crema v Malvern Principal Case on the Question of Performance Security and Liquidated Damages
In a recent Tribunal decision, Crema Constructions Pty Ltd v Malvern Project Developments Pty Ltd and Ors (Building and Property) [2026] VCAT 49, Deputy President E Riegler heard an injunction application regarding performance security. This case considers critical issues of performance security, comprising of Bank Guarantees, Performance Bonds, liquidated damages, and risk allocation regimes in [...]



