A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.


Tuesday, 2 December 2014

Executive Summary (One Minute Read)
Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2] (WASC) - contract - mining and magnetite export operation - transfer of Environmental Approval - contractual construction
Summaries With Link (Five Minute Read)
Sino Iron Pty Ltd v Mineralogy Pty Ltd [No 2] [2014] WASC 444
Supreme Court of Western Australia
Edelman J
Contract - construction of contract - parties were project proponents of magnetite mining and export operation - essential issue in dispute concerned whether contracts by which Sino Iron and Korean Steel (Citic parties) became involved with project required Mineralogy to transfer Mineralogy's status as 'proponent' of Ministerial Statements to Citic parties - Mineralogy refused to take any steps to transfer proponent status to Citic parties -  meaning of contractual clause concerning transfer of Environmental Approval from Mineralogy to Citic parties - held: Citic parties’ construction of clause accepted - clause meant what it said - Mineralogy must transfer Environmental Approval to Sino Iron in accordance with earlier agreements and as benefits may apply to project - construction was consistent with words of clause, with legislative requirements, and with other contractual instruments - it was legally and commercially workable - relief granted.
Sino Iron Pty Ltd