In a mining farm-in and joint venture context, where the agreements expressly entitle the manager to act in its own interests in determining exploration activities and expressly exclude fiduciary duties in specified spheres, the manager is not precluded from pursuing transport infrastructure assessment outside the joint venture, even where it had previously conducted such assessment as part of joint venture exploration. The costs of a private mediation are incidental to court proceedings and recoverable as party-party costs under s 37 of the Supreme Court Act 1935 (WA).
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