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Adani has been ordered to pay almost $107 million to four customers of its Abbot Point coal terminal after a contractual dispute over access charges and terminal handling. 

The Supreme Court this week ruled in favour of Lake Vermont Resources, QCoal, Byerwen Coal and Sonoma Mine Management.

Justice Jean Dalton found that Adani had engaged in unconscionable conduct and exploitative behaviour.

In a judgment handed down late Thursday, she ordered Adani to pay $37.9 million in damages to Lake Vermont Resources, $25.3 million to QCoal, $31.7 million to Byerwen and $11.9 million to the Sonoma Mine. (Full judgement HERE)

“The applicant (AdanI) exercised contractual power to obtain
a large financial reward. It deliberately chose to do so knowing that it would thereby disadvantage the respondents,” Justice Dalton wrote.

She found that its conduct was not within the boundaries of normal commercial behaviour.

“It attempted to disguise its behaviour in complex transactions. It
attempted to include dishonest recitals in those transactions. It pleaded matters which were false in this proceeding…,” she said.

A company spokeswoman said today that Adani Abbot Point Terminal was carefully considering the judgment delivered by Justice Dalton.

“The decision concerns a dispute between the company and four of its commercial customers relating to terminal handling and access charges at the Abbot Point Port,” she said.

“Whilst respecting the judgment of the Supreme Court, the matters in dispute between the parties are complex and AAPT in conjunction with its legal advisers will review Her Honour’s reasons and consider the company’s rights of appeal.”

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