In a writ filed in the Supreme Court of Western Australia, Forrestfield-based David Campbell Transport Pty Ltd named Integra lawyer Janette Tavelli and lawyer Richard James Price of Francis Burt Chambers as defendants.
The action focused on legal advice provided by Defendants to DCT between 2020 and 2023 in relation to the enforceability of an agreement between DCT and both Exxten Pty Ltd and Craig Mitchell (the Mitchell Parties).
According to the subpoena, the agreement was that DCT would pay a royalty per ton in exchange for the Mitchell Parties using their influence to secure DCT the contract to transport iron ore from the Peculiar Knob, and whether that agreement would apply to future contracts for transportation at the mine.
The summons alleged that DCT, on the advice of the defendants, terminated a contract with Australia Ocean Logistics Pty Ltd for the transportation of ore from the Peculiar Knob Mine, which it would not have terminated but for the allegedly negligent advice.
DCT states in the summons that it has suffered damage as a result of the advice in the form of loss of opportunities, income, cash flow and profit.
The value of the alleged damages has not been disclosed.
Murcia Pestell Hillard lawyer Cheryl Sun is representing DCT in the proceedings.
Exxten Pty Ltd is a major shareholder in ASX-listed Fenix Resources after Fenix acquired 100 percent ownership of the former Fenix-Newhaul joint venture; buying out Newhaul founder and Exxten shareholder Chris Mitchell.
Janette Tavelli and Richard Price were contacted for comment.
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