Even taking Paul's severely biased report of what happened:
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.
Paul maybe eagerly anticipating a new load of fees, but he is most likely to be sorely disappointed.
The lack of understanding of the system expressed is staggering.
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