Royalty rights survive attempted liquidation disclaimer

Cameron Cheetham, Andrew Edington and Darcy Niven of Corrs summarise a NSW Supreme Court decision preserving Glencore’s royalty rights against Tahmoor Coal’s liquidators, finding that the royalty deed was not an unprofitable contract once Glencore relaxed its consent rights and that the liquidators could not sell the mining tenements free of the deed’s negative covenant.

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