RE: RE: bad news from the court?3 Dec 2020 21:48
Interesting point, but there is more to proceedings than simply the issue you are arguing over, for example there’s is the issue of the costs of the proceedings themselves, the costs of the application, and the costs of the appeal application. Leaving everything on the table for negotiation, by which I mean all contentious issues, often means a stronger bargaining position when dealing with the issue of costs. For example Dev might agree to ‘each party bearing their own costs in respect of the application to ship iron ore and the subsequent appeal, in exchange for reaching an early agreement in respect of the substantive action, ie the Amapa mine, and the associated legal costs.