Mirabela Nickel Ltd (in Liquidation) (Receivers and Managers Appointed) v Mining Standards International Pty Ltd

[2025] WASCA 82

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Contract
2. › Variation
3. › Multi-party agreements
4. › Whether all parties to original agreement must consent to variation
5. › Whether variation effective as between agreeing parties only
6. › Where variation does not affect rights of non-consenting party
1. Contract
2. › Construction
3. › Asset Sale Agreement
4. › Condition precedent
5. › Time for satisfaction
6. › Whether 'exchange of signed copies' requires exchange by all named parties or only contracting parties
1. Contract
2. › Formation
3. › Acceptance
4. › Mutual assent
5. › Whether objective agreement to variation established from exchange of text messages and emails
1. Contract
2. › Formation
3. › Consideration
4. › Mutual exchange of promises to vary time for performance
5. › Whether sufficient consideration for variation agreement

Quick Take

A variation between some parties to a multi-party contract may be effective as between those parties without the consent of all parties, provided the variation does not affect the non-consenting party's rights or obligations.