'Sure fail' at the High Court! An unfair distribution of sales proceeds!
Blatantly treating the minority owners unfairly? Ignoring their obligation for 'even-handedness' when dealing with minority? Minority owners who are only exercising their right not to sign the CSA? What was this former supreme court judge thinking???
Only options for the SC now are:-
a) remove the penalty clauses on the minority owners.
b) pay the minority owners to withdraw their objection at the STB (which is perfectly legal) , but......
Looking at their website and in particular, this page, it looks like they have tied their hands at "willing owners' making ex-gratia payments
Ditto for the purchaser making ex-gratia payments ..
From the Tender Terms:-