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Huaxin Energy (Australia) Pty Limited

Successfully acted for Huaxin Energy (Australia) Pty Limited and a related company as defendants in Supreme Court of Queensland Commercial List proceedings for multi-million dollar damages and again on appeal to the Queensland Court of Appeal. The plaintiffs (as vendors) claimed damages for breach by the defendants (as purchasers) of implied terms the plaintiff’s alleged existed in an asset sale agreement between the parties relating to the sale of a valuable mining tenement. We were successful both at first instance and on appeal to the Court of Appeal and the case is now a leading precedent on when and to what extent to imply terms in commercial contracts. https://www.sclqld.org.au/caselaw/QCA/2020/114

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