19 Jun 2006
TODD PETROLEUM MINING COMPANY LIMITED V SHELL (PETROLEUM MINING) COMPANY LIMITED AND ORS HC WN CIV 2005 485 819
- Citation
- openlaw-3b87ca1b_ff91_4e0b_8dd4_8ee59a7035f6.pdf
- Court
- High Court
The HoA Schedule 3 core term 1.1 obliges Shell and Todd to continue providing Services through STOS and constrains governance powers (core terms 3.1–3.3) within that general obligation; Shell's procurement of the SRR to effect STOS' resignation as operator breached clause 9.1 of the HoA. The CoE cannot be terminated other than in the limited ways in clause 14.2 read with MJVA clause 4.6 and dissolution, but MDL, as agent for the PMCs, acting on a majority instruction, could accept STOS' repudiation (waive/condone) and thus elect not to enforce performance; Todd lacks exclusive standing to sue…