Clarification for newbies to this thread. The impending court case is proposed to be heard next month. BRL openly acknowledges that they shipped more than 25,000 tons of coal from the Escarpment mine.
BRL as per the Sale and Purchase Agreement paid a higher royalty per ton of shipped coal rather than the one off US$40mil performance fee. There are excerpts from the SPA further back on this thread. The SPA provides a clear alternative for BRL in how to pay this performance payment.
BRL are adamant there is no case to answer.
Ann: Claim against BRL, page-56
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