First thing you read on any appeal case is whether the Appeal court judges agree with how the trial judge applied the statutes and case law in their findings.
Secondly, is the damages if given and whether this was correctly calculated.
As a result judges spend most of their time on these two areas as if their rulings are overuled time again, means they're doing a bad job. So they make every effort to make their decisions water tight, as opposed to finding loop holes as you suggest.
Judges aren't looking to find loopholes for one side or the other. If there is a loop hole this has to be fixed through legislation.
No decision is clear cut. Apart from the laws written, the judge will be looking to actions and how the law was carried out and applied in the case of the government. For example, compensation will be given. The judge will be saying ok you introduced this compensation and indicated in the legislation that for any companies retrospectively effected compensation would be paid. The actions of the VIC government would suggest there is no intention to pay compensation.
During this time, LKOs public comments, statements, actions towards the VIC government will be taken into account. This is where actions implied or stated can are translated into what you would call the performance side of the contract. The judge will be looking to see if LKO carried out it's obligations under the contract, then the government and when was there a breach of contract.
How did both parties act when there was a breach. What did either party do to resolve the breach, conflict. Did either party look for arbitration, mediation.
Then if either party failed to perform an action, was it knowingly.
Then the damages, there is legal costs from courts to representation. Costs from commercial losses and possible damages depending on the scale of the breach.
ALL of this has to be iron clad, water tight whereby the judge is confident to not allow an appeal and thus the party found to be in breach, or negligent in their actions can't hide behind the legal system and not seek pay damages.
LKO Price at posting:
0.3¢ Sentiment: Hold Disclosure: Held
(20min delay)
