Anthony McGrath SC and Tamasin Jonker represented the successful plaintiff in Thalanga Copper Mines Pty Ltd v Cromarty Resources Pty Ltd [2021] NSWSC 640 where, in a judgment handed down on 4 June 2021, Stevenson J held that the defendants repudiated an agreement to pay a mining royalty by performing ‘as and when’ it suited them rather than in accordance with the terms of the agreement.
The case raised contractual construction issues surrounding the terms of the royalty and considered the requirements of a notice to make time of the essence for the performance of an obligation.
Mr McGrath SC and Ms Jonker were instructed by McCullough Robertson.
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