30 Jun 2011
TODD PETROLEUM MINING COMPANY LIMITED V SHELL (PETROLEUM MINING) COMPANY LIMITED HC WN CIV-2010-485-2122
- Citation
- openlaw-4e5f3273_6506_4972_80bb_17c943c20f3e.pdf
- Court
- High Court
Court granted leave to appeal on four questions (Todd questions 2, 3, 5 and 6) as strongly arguable legal errors concerning (a) the application of HoA core terms to Kapuni/STOS relationships and KMCs, and (b) the contractual significance of STOS's RPO obligation and limits on multi-venture cost allocation; all other Todd questions and all Shell questions were held not strongly arguable and leave was denied, after applying the Doug Hood ‘strongly arguable’ standard and weighing discretionary factors (centrality, precedential value, arbitrator's expertise, significance, delay).