We were approached by a joint venture partner in relation to a multi-party dispute over the acquisition of a colliery in the Southern Coalfields.
Allegations included breaches of contract, statutory misrepresentations, breaches of duty by directors and breaches of commercial warranties. The disputes were litigated in four separate proceedings over a period of five years, all ultimately being settled with the assistance of senior counsel (Brett Walker SC leading Richard Horsley) at a mediation before Michael McHugh AC QC.
Our client settled to its advantage by acquiring the colliery land (93 hectares of prime urban land).
It took six months to effect the in-principle settlement due to a combination of complexities – there had been prior settlements, the prior owner was subject to receivership and liquidation, a custodian was involved and the land was subject to various title qualifications.
Our client had used a top tier firm (and a mining specialist firm) before coming to us. This complex matter gave us the opportunity to demonstrate our ability to compete with any law firm.