"Let me put it another way would Mitsubishi agree to pay such a...

"Let me put it another way would Mitsubishi agree to pay such a sum if the agreement expired prior to them being able to take over 100%, no way."

Mitsubishi haven't agreed to pay the amount unconditionally.. the novation is a condition precedent, if barnett doesn't allow it then Mitsubishi will pull the pin and it won't even get to a vote in Feb - the negotiation with the WA govt would be happening at the moment