Empire Energy Corporation Intl. (fka EEGC)

[Drunken Sailor]

It is cear where the sugarcoating and twisting of facts is taking place:

Even taking Paul's severely biased report of what happened:

Justice Oing determined that the 2008 agreement between Smart Win and Empire did not preclude the possibility that Empire's costs in drilling for oil in Tasmania might exceed an AUD$ 5 million funding commitment by Smart Win reflected in the 2008 agreement. The judge noted that, for purposes of a summary judgment motion, the fact that Empire's prediction that the initial drilling costs might exceed AUD $ 5 million did not entitle Smart Win to "turn off" the funding "spigot" of up to the AUD $ 5 million commitment even if Empire, as it pursed its drilling efforts based on Smart Win's commitment of as much as $ 5 million, faced the possibility of cost overruns beyond the AUD $ 5 million.

Judge Oing did what Paul failed to do and found an ambiguity in the contract:

the 2008 agreement between Smart Win and Empire did not preclude the possibility

Judge Oing then only noted and did not determine:

The judge noted that, for purposes of a summary judgment motion,

And only for the purposes of summary judgement

The triable fact that Judge Oing found for Paul:

the fact that Empire's prediction that the initial drilling costs might exceed AUD $ 5 million

Is not the key fact in the case. The key fact is that when Smart Win turned off the funding EEGC had already submitted invoices for payment which exceeded the $5m budget. There was no prediction, might or possibility about it. Frank failed to get this point across and therefore let Paul and Mad Malc off the hook.