Empire Energy Corporation Intl. (fka EEGC)

[big gttom]

Yes. exactly.
Because it doesn't matter.
.

When SmartWin entered into a contract to provide funds according to the budget to drill Bellvue they had a duty to provide those funds based upon the invoices submitted pursuant to the budget which was 5 million. When they chose to withhold the balance of the payment of approx. 1.1 million they breached the contract as Empire was performing and SmartWin was not. Again Empire was performing and SmartWin was not. Therefore, Empire was never in default.

All your continued talk about Smartwin having good cause to withhold the payment because of so-called overruns is technically meaningless as there was a due diligence period as stated in the contract that afforded both parties a due process period where it was agreed (through their own prudence or lack thereof) that both parties agreed to what they were getting into.

Due diligence is defined as:
http://blackslawdictionary.org/due-diligence/
http://www.charlesmillsconsulting.com/due-diligence-definition.htm

Again, SmartWin breached their own contract and that breach is the proximate cause for the damages the company is seeking.
Now, for SmartWin to formally present a bogus notice to cure 8-9 months later (that the judge points on the record to being a ruse, btw ) simply makes them look even more stupider (or redundantly) even more dumberer.

It's called "due process" afforded under the 5th amendment of the Constitution of the United States. A foundational tenet of the rule of law in the USA and the Court of New York which has jurisdiction. You have to provide reasonable process or notice in order to allow a reasonable response before witholding the funds

Smartwin could never have provided such notice as they still owed 1.1 milllion to the company.
Now, get over it.