It depends a little bit on how much NZIPL is concerned about the factory itself vs the presence of the factory derailing its plans for its own land. If the latter then you'd think Synlait could contract out of the issue by agreeing not to contest any resource consent that NZIPL put up or agree to new covenants that allow both parties to do as they please. If the former then I'd say Synlait are screwed and Stonehill are never going to have enough money to compensate them.