An appeal from a decision of the Supreme Court dismissing the appellants’ claim for damages for breach of contract. The claim arose from the sale by the first and second appellants, (who was later replaced by the third appellant), as the “Vendors”, to the second respondent, as the “Purchaser”, and a coal company (which was later replaced by the first respondent) of an exploration permit for coal, EPC 1802, and the related environmental authority and mining information as property (the Assets).
The three issues that arise in the appeal are whether the trial judge was correct:
(a) in rejecting the appellants’ contention that an implied term to cooperate arose (the implied duty to cooperate);
(b) in rejecting that an implied term to undertake particular exploration work arose (the implied exploration term); and
(c) in his Honour’s quantification of damages for loss of opportunity arising from a breach of the implied terms.
Damian Clothier QC (with D de Jersey) appeared for the respondents, instructed by Thomson Geer.
The judgment is available here.