Universal Coal Development (Pty) Ltd v Mineral Resources Development (Pty) Ltd (33182/2021)
Universal Coal Development (Pty) Ltd v Mineral Resources Development (Pty) Ltd (33182/2021) [2021] ZAGPPHC 839 (10 December 2021)
The court found that the contract between the applicant and respondent was intended to operate as a back-to-back agreement with the Eskom supply contract, and its duration was determined by the depletion of the Kangala coal reserves or 96 months, whichever came first. The Plant was designed and operated specifically to meet Eskom's requirements, and the operational period of 96 months was calculated based on the estimated volume of coal in the Kangala reserve. The respondent's argument that coal could be sourced from other collieries was not supported by the contract or the factual matrix. Th…
Source excerpt
- Contract Interpretation
- Interim Interdict
- Fidic Gold Book
- Back To Back Contracts
- Declaration Of Rights