Vango Mining Limited v Zuleika Gold Limited formerly known as Dampier Gold Ltd

[2024] WASCA 54

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Construction
3. › Commercial contract
4. › Agreement for acquisition of interest in mining property
5. › Earn-in agreement
6. › Whether contribution of less than maximum amount entitled party to proportionate interest
7. › Whether agreement was 'all or nothing'
8. › Significance of words 'up to' in contribution clause

Quick Take

The words "up to" before a contribution amount in mining earn-in agreements set a maximum but not a minimum, potentially entitling the earning party to a proportionate interest based on whatever amount is actually contributed.