This case involved payments due as a result of a performance bond and advance payment guarantee issued by a bank to guarantee work of a subcontractor on a construction project. Key issues included whether there should be a summary judgement or if there was a fraud exception as the bank and subcontractor had made a supplementary contract using these instruments as a guarantee for additional payments the contractors had to make to pay for labour which should have been paid by the subcontractor who had not completed the job which the bank had not been made aware of.