That is a surprise. Makes you wonder how the HoT was worded then - because it seems clear that the deal wasn't completed within the six week exclusivity period.
Regardless, you've got to trust the judge to make the right decision in law, and I think he's probably right in saying that by August 2012, for whatever reasons, Higgs no longer wanted to deal with SISU.
Tricky to make a call on the costs thing - it could be that SISU know they won't get them so there's no point in pushing, or it could be a genuinely decent act. Maybe SISU are trying to improve their reputation.
As for the JR, is there anything here that helps SISU's case? If they can show that the council deceived the Higgs Trust, maybe that points to less than honest action with SISU too. I think the big problem here, for SISU, is that it's clear they threatened the well-being of ACL as far back as April 2012 and the Council will argue they had a right to protect their investment.
Interesting times ahead!