In a nutshell:
- The High court has no power to change the terms and conditions set out in the CSA after the fact - in other words they cannot first rule that there was bad faith and then 'fix it' so that the sale can go through. Hurray to that.
- The CSA cannot contain punitive clauses for non-signatories - because
an SP has the
absolute right not to sign the CSA, for whatever reason he or she might have.
The law still expects that such an SP will be treated fairly...... No
SP should ever feel compelled to sign a document he or she does not agree with
because of undue group pressure or the fear of suffering penal consequences,
whether covert or overt.
