Some food for thought....
If you were over charged at a restaurant and you complained about the bill
the restaurant when they see the error of their accounting, reduce the bill to what was ordered agreed and fair and reasonable. And probably throw in a complimentary brew as a gesture of good will.
Wharf complained about a meal they didn't order, so Empire need to present
Wharf with their fair share of the agreed costs, not hold out for all the costs the badly managed build / project.
Should Wharf now be liable for the costs of the repairs to the plant? Plant they didn't agree to purchase, that they counselled against buying. Plant the old board of Empire insisted upon buying and unreasonable prices.
If Wharf reengage with the JV, Empire may find themselves having to eat some of the over run costs as they were determined not to include their JV partners in the tendering /decision making management.
If agreement is reached it will only be after protracted discussions.
Legal judgement is one thing getting the money is another as any of us who have pursued debtors through the courts.
I only raise these points as we have expectations of Wharf freely chipping in their share of the wedge. I am not sure Wharf see a lot of that wedge being their responsibility or debt.
The old board did a terrific job of snatching defeat from the jaws of victory IMO. And there seems little accountability for their appalling behaviour. It would be nice to see the new kids turning the screws on the old guard.
regards to all
Joxo
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