Arbitrator Professor John Uff, a UK barrister, dismissed Clough's $95.7 million Trade Practices claim, which had alleged BassGas operator Origin Energy had engaged in misleading conduct.
But according to Cooper's email, there were two important positive developments for Clough.
"Firstly, having reviewed the interim award over the weekend, we have concluded that at this stage we don't need to change our accounting position on this issue," he wrote.
In the company's 2006 interim report, Clough directors said they believed they had adequately provided for potential losses arising from the dispute, but did not reveal the size of this provision.
"Secondly," Cooper continued, "for the first time in this whole saga Origin is willing to come to the party and talk to us directly. This is a big change from their aggressive behaviour over the past few years, and they wouldn't be coming and talking to us if they had already 'won'. We have already started our discussions with them."
PetroleumNews.net was pretty chuffed to receive the email, addressed 'Dear Steve', especially as it invited us - "please come", Cooper wrote - to a staff briefing at Perth's Parmelia Hilton Hotel at 10am where he would give some information and take questions. He signed off, "Thanks and regards, John Cooper".
But it wasn't just sweet talk. There was also the hint of a good story with the email saying, "The issues dealt with in the Arbitrator's interim award are complex and nowhere near as cut and dried as the media would suggest."
How could one refuse this courteous and intriguing invitation?
But no sooner had PetroleumNews.net entered the packed room and squeezed into a spot by the back wall, when Cooper asked for "any external analysts and people wanting to report to the media" to leave the room.
After a moment's hesitation, this reporter slunk from the room. Trudging down the wintry wind tunnel of St Georges Terrace, it dawned on me that Cooper's charming email was more impersonal than I had thought.
Anyway, for the record, as this publication understands it, the arbitrator ruled against Clough's $95.7 million claim against the BassGas joint venture, and found Clough liable for most of the claims made against it by the BassGas partners.
The BassGas project - Clough's first turnkey contract - draws gas and liquids from the Yolla field in Tasmanian waters, and pipes it 147km to a plant at Lang Lang about 100km southeast of Melbourne for processing and distribution.
Designed to supply about 10% of Victoria's daily gas demand for 15 or more years, BassGas was fully commissioned last October - two years late and $300 million over its $450 million budget.
The BassGas joint venture's original $90 million claim against Clough was revised earlier this year to $250 million, with Origin saying a full inspection had showed major defects that limited the plant's operational capability.
The arbitrator is expected to determine damages on the BassGas partners' original $90 million claim, as well as the liability and amount of the subsequent claim.
Origin has welcomed Uff's decision but said it hoped the rest of the arbitration could be more speedily resolved.
This is the situation as PetroleumNews.net understands it. Of course it may not be as cut and dried as we have depicted it, but we will report any updates from Clough as they become available.
