The plaintiffs were claiming damages for breach of contract or a declaration that the contract was still on foot and capable of future performance. The proceeding arised from the sale by the first and second plaintiffs, Owen Reginald and Roxanne Wellington, and Ronald Fox, (who was later replaced by the third plaintiff) to the second defendant and Blackwood Coal Pty Ltd (which was later replaced by the first defendant) of an exploration permit for coal, EPC 1802, and the related environmental authority and mining information as property. The exploration permit related to coal resources in Queensland known as the Galilee Basin, totalling approximately 45,000 hectares and located approximately 150 kilometres south of Charters Towers.
Damien Clothier QC (with D de Jersey) appeared on behalf of the Defendants, instructed by Thomson Geer.
The judgment is available to read here.