It will defiantly come down to a technicality on the definition of shipping. Although it sounds like BRL are in the right - and LMCH are only coming in now AFTER the material acquisition of SE (all to convenient - as I mentioned back in December when the court papers were first filed - they could have come after BRL many months before they did - but why would you come to court asking for US40m from a company worth AU20m).
BRL also seem to have an excellent legal experience in this regard (they have fought much, much bigger battles after all!) so I don't think L&M have even a remote chance - but hey, they will known the coal market better than most and see a $2b company and so now they feel they have a chance to get some cash out of their investment - good on them for trying, its almost a complement to BRL (market probably missed that part).
There is a chance this will weight on the share price as it is an unknown in the future - where as the RCPS has been, done and gone (actually well over a year ago) where management followed through on what they said they would do.
Bot working hard again today I note.
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It will defiantly come down to a technicality on the definition...
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