In the ASX release re the mediation CFE did say:
"The Company is waiting on a decision by the Supreme Court regarding the jurisdiction of where the dispute will be determined and the requirement of MCC to pay A$80 million into a trust account pending the resolution of the action (as contemplated in the MCC Agreement,
In accordance with the terms of the MCC Agreement, the Company will attend mediation proceedings in Singapore on 4 May 2012 in an attempt to resolve the dispute.
The Company remains confident that it will resolve this dispute with MCC."
Looks to me like the WA Supreme Court decision is what CFE is relying on. Mediation was more about keeping MCC happy.
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