@mickzed sorry I should have been more clear with the last paragraph that you are referring to. What I meant was that it would be interesting to see if the ROFR was actually transferable under the sale given that the sale was for "mining assets and infrastructure". If it is ultimately held that the ROFR was not transferrable, and I am not suggesting that it wasn't, things could become very interesting indeed.
I believe the Court will direct this back to mediation in accordance with the provisions of the agreement and pursuant to the case management approach where matters are referred to mediation before they can progress to trial.
Ann: Update on Right of First Refusal,MIN-PLS.AX, page-73
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