FEDERAL COURT OF AUSTRALIA

Toal v Aquarius Platinum Limited  [2004] FCA 550

MICHAEL TOAL and GARY TOAL v AQUARIUS PLATINUM LIMITED (formerly ‘Strategic Platinum Mines Limited’) ARBN 087 577 893 and AQUARIUS PLATINUM (AUSTRALIA) LIMITED (formerly ‘Aquarius Exploration NL’ and ‘Aquarius Platinum NL’)

N3057 of 2002

FRENCH J

4MAY 2004

SYDNEY (Heard in Perth)

CORRIGENDUM

1                     Amendment to the Reasons for Judgment delivered 4 May 2004:

1.         Page 21, paragraph 58, line 3 delete:

‘[the] reason why specific performance is never decreedin response to breach [of] such contracts is because of the discretionary factor of the unavailability of an alternative remedy at law ie damages’ (emphasis added).’

            And replace with:

                        ‘[the] reason why specific performance is never decreed in response to breach [of] such contracts is because of the discretionary factor of the availability of an adequate remedy at law, ie damages’ (emphasis added).’

Associate:

Dated:              4 May 2004