A WA trucking company is taking its former lawyers to court over what it says was negligent advice on royalties from haulage operations at the Peculiar Knob mine.
A WA trucking company is taking its former lawyers to court over what it says was negligent advice on royalties from haulage operations at the Peculiar Knob mine in South Australia.
In a writ lodged in the Supreme Court of Western Australia, Forrestfield-based David Campbell Transport Pty Ltd named Integra lawyer Janette Tavelli and barrister Richard James Price of Francis Burt Chambers as defendants.
The action centred on legal advice provided to DCT between 2020 and 2023 by the defendants, in relation to the enforceability of an agreement between DCT and both Exxten Pty Ltd and Craig Mitchell (the Mitchell parties).
According to the writ, the agreement was for DCT to pay a per tonne royalty in exchange for the Mitchell parties using their influence to secure DCT the contract for haulage of iron ore from the Peculiar Knob, and whether that agreement would apply to future contracts for haulage at the mine.
The writ alleged that due to advice provided by the defendants, DCT terminated a contract with Australia Ocean Logistics Pty Ltd for haulage of ore from the Peculiar Knob Mine which, but for the allegedly negligent advice, it would not have terminated.
DCT claimed in the writ it suffered loss and damage in the form of loss of opportunity, revenue, cashflow and profit from the advice.
The value of the alleged damage was not disclosed.
Murcia Pestell Hillard lawyer Cheryl Sun is representing DCT in proceedings.
Exxten Pty Ltd is a major shareholder in ASX-listed Fenix Resources after Fenix acquired 100 per cent ownership of the former Fenix-Newhaul joint venture; buying out Newhaul founder and Exxten shareholder Chris Mitchell.
Janette Tavelli and Richard Price were contacted for comment.
