VIC government could appeal if the damages are considered too high. However, there will be a calculation involved.
The risk of appeal really is the additional cost. VIC government I believe hasn't considered this in any of the civil actions brought against it. Often resulting in more cost at the expense of the taxpayer.
Damages wouldn't increase. They could be decreased. But what is the value of a permit where there is an abundance of gas ? Hard to quantify if you've not been producing any gas. So I think it's unlikely the judge will award damages in respect of loss of earnings. Only legal costs and investments and costs sunk into the permit already.
There will be also the right to keep the permit as it was pre existing the changes and DHR contest they have the right to keep the permit if they meet the governments conditions. This is the argument can you null and void a contract when you've already taken the money ? Yes, but then you have to compensate. Something the VIC government has refused to do.
What we are talking about here and what the VIC government has tried to do is effectively reneg on all your it's contracts. Not criminal, but certainly breach of contract and not performing ones duties to carry out responsibilities when a binding agreement exists does mean damages can be awarded. companies do it. I mean we have algorithms to calculate the cost to exit existing agreements and what we would have to pay out. In some cases we make immediate savings, others we're liable to compensate. But if you believe the VIC government they'd like to think they are the law, above the law and can breach the law. No, I'm thankful to say the world doesn't work in that way even for governments. To go down that road is called anarchy and chaos and well autocratic rule and not a democracy.
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