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Miners head to the High Court over 'unconscionable conduct' case


Claims that Adani participated in unconscionable conduct are heading for the High Court.

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Lake Vermont Resources and QCoal have applied for special leave to appeal to the High Court over the allegations relating to its port operations in Bowen, which has been renamed from Abbot Point to the North Queensland Export Terminal.

The original ruling by the Supreme Court and a penalty of $100 million for Adani (now known as Bravus) was thrown out on appeal last year after the company claimed it had been denied procedural fairness.

The High Court hearing is scheduled for April 13.

The case relates to a decision by Queensland Coal to stop using the port and Adani’s decision to increase user and handling fees for other companies using the port.

The original ruling was damaging for Adani – not just in reputational and financial terms – because it allowed proxy adviser Glass Lewis to use the ruling to recommended shareholders vote against the re-election of a member of Adani Enterprises’ risk committee.


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