RE:RE:Burnaby BC article on Thunderstruck winning court case My favourite part is #13
[13] Prior to the commencement of work by Bonga, Bonga received a pre-payment of 30% of the total expected work to be done. The purpose of the deposit was to enable Bonga to buy, maintain and/or repair the drilling equipment to be used under the Contract. The deposit was to be applied to invoices Bonga issued as drilling work was completed. At the time of the termination, Bonga had been paid a $105,000 deposit, although Thunderstruck says that approximately $96,250 of that amount had not been applied to an invoice at the time of the Termination Letter.
[14] After the termination, Bonga did not provide any further Services under the Contract.
Add on the court costs from moving the trial to Fiji and imagine what the court costs in total will be not to mention any financial settlements for defamation if Thunderstruck wins. This could add up to a pretty penny.
The Fijian court has already sided with Thunderstruck over money owed and allowed Thunderstruck to put a lien on Bongo's equipment.
In BC and most western countries ....A lien gives the creditor (also known as a lienholder) the legal right to take the property in question if you fail to repay your debt.
Of course this assumes that Thunderstruck wins the BC case and is awarded court costs and wins the defamation case.
IMO, it is not looking very good for the Defendant.