Common sense would dictate that since the offtake was signed by...

Common sense would dictate that since the offtake was signed by Assroids not by A40 directors it is up to them to make good on it, they can buy the spot at spot prices from one of the Aussie miners and sell it to Yihe for $2/T for all we care, it has nothing to do with A40 shareholders. If Assroids chose to expand the mine before they actually owed it legally that is their bad luck, they took a gamble the deal would be approved by FIRB and lost.
Also it was Assroids who cheated the ATO and WA gov on revenue so the taxes owed to them should not come out of the sale of BH, any money owed by them plus penalties should come out of the money they are due to receive for their 10% shareholding in A40.
There is also the matter of the spod sold which still belonged to shareholders until the transfer of shares was approved by FIRB, they still owe shareholders for the shipped spod and at spot prices or whatever the ATO decides it would be a reasonable price.