I believe the issues here are
1 has MCC received Mining Approval
2 has MCC received all related construction approvals....
for them to be liable for the final payment these 2 would have to have been approved....
then the parent company Novation Deed signed on or around 09/12/2009 would be enforceable.....
However if it can be shown that MCC has made no attempt to obtain these approvals...its my opinion they would be in breach of the original sale agreement and be at risk of losing all monies paid and the Cape Lambert project plus damages.
Would be nice to keep all their cash and get the project back plus damages
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