Ms Carol Boate:

They would have had to have done something where it would have met the test about what one can withhold money for. Because this is a contractual power rather than a punitive power, I nonetheless tend to think of the test a bit like if a strawberry farmer was supplying strawberries to a supermarket and failed to turn up with them, and the supermarket did not get too sell, with the money involved there. That is one way of looking at it.