Truckie sues lawyer over royalties advice

A WA trucking company is taking its former lawyers to court over negligent advice regarding royalties from haulage operations at the Peculiar Knob mine in South Australia.

Forrestfield-based David Campbell Transport Pty Ltd named Integra lawyer Janette Tavelli and lawyer Richard James Price of Francis Burt Chambers as defendants in a writ filed with the Supreme Court of Western Australia.

The case focused on legal advice provided to DCT by the defendants between 2020 and 2023 regarding the enforceability of an agreement between DCT and Exxten Pty Ltd and Craig Mitchell (Mitchell parties).

The agreement, according to the letter, was that DCT would pay royalties per ton in exchange for the Mitchell parties using their influence to secure DCT’s contract to ship iron ore from Weird Knob, and whether that agreement would apply to future contracts for transportation at the mine.

The letter alleged that, because of advice provided by the defendants, DCT terminated a contract with Australian Ocean Logistics Pty Ltd for the transportation of ore from the Weird Knob Mine, which would not have been terminated but for the allegedly negligent advice.

In its letter, DCT claimed that it had suffered loss and damage in the form of loss of opportunity, income, cash flow and profit as a result of the advice.

The value of the alleged damage was not disclosed.

Murcia Pestell Hillard’s attorney, Cheryl Sun, is representing DCT at the hearings.

Exxten Pty Ltd became a major shareholder of ASX-listed Fenix ​​Resources following Fenix’s acquisition of 100 per cent ownership of the former Fenix-Newhaul joint venture; It is acquiring Newhaul founder and Exxten shareholder Chris Mitchell.

Janette Tavelli and Richard Price have been contacted for comment.