SDL v ANS [2022] WASC 108, page-2

I am having a second read through of the 25 page PDF.

What strikes me is in the Fiduciary duty claim against Ding.
Paragraphs 51 - 53.

I cannot believe how negligent (or incompetent?) the SDL board were.
After 10+ years of developing a project, how on earth could you not have your own [SDL] representative present during critical final negotiations???






The fact that ANS/Bestway have avoided answering how they managed to progress this project so quickly in recent months is a concern, and suggests there may be some weight behind SDL's claims.

It has become crystal clear that SDL management had absolutely no credibility with either the Cameroon or Congolese governments, which is why SDL could never "get it done", and over such a long period of time.

However, I'm hopeful that SDL's apparent sloppiness in managing this project comes out, and that they failed to dot all the i's and cross all the t's, which then created an questionable opportunity for ANS/Bestway to slide straight in.

There needs to be beyond reasonable doubt that nefarious activity was going on, but if Ding & Alexandre are as shrewd as some here worship like Gods, then I doubt SDL will have an outright win. At best SDL might receive minor compensation, which in the grand scheme of things, would be peanuts for the Consortium to pay out. Who knows... perhaps the Consortium even factored in an inevitable payout into their calculations.