I'm not a lawyer but why would the court be interested in the question of the site suitability? Cougar couldn't have turned a single sod at Kingaroy before being granted permission by the govt after what must have been exhaustive negotiations - arriving at agreement on the site suitability - and all enshrined in a contract signed by the parties. That is a matter of history.
The question of how and why parties have entered into contracts is of less concern to courts than whether such contracts are valid and whether or not either party is in breach.
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