153 EXHIBIT 10.39 PETROLEUM EXPLORATION PERMIT 38330 DEED OF ASSIGNMENT THIS DEED OF ASSIGNMENT is made this 27th day of February, 1998 BETWEEN: MOONDANCE ENERGY PTY LTD of 100 Stirling St., Perth, WESTERN AUSTRALIA 6000 ("Moondance Pty Ltd") AND: MOONDANCE ENERGY LIMITED care of Sinclair & Wood Chartered Accountants, Trust Bank Building, 510 Cameron Road, Tauranga, NEW ZEALAND ("Moondance Limited") AND: INDO-PACIFIC ENERGY (NZ) LTD of 284 Karori Rd, Karori, Wellington, NEW ZEALAND ("Indo") AND: MOSAIC OIL NL 6-8 Underwood St, Sydney, NEW SOUTH WALES, 2000 ("Mosaic") AND: CONTINENTAL OIL NL 6-8 Underwood St, Sydney, NEW SOUTH WALES, 2000 ("Continental") RECITALS A. Moondance Pty Ltd, Indo, Continental and Mosaic are the title holders of PEP38330 in the following percentage interests: Indo 34.0% Moondance Pty Ltd. 33.0% Mosaic 20.0% Continental 13.0% B. Moondance Pty Ltd was issued the title in error and has agreed to assign to Moondance Limited all of its 33.0% interest in PEP38330, which company should be the title holder. NOW THIS DEED WITNESSETH 1. DEFINITIONS AND INTERPRETATION In this Deed, including the Recitals, except to the extent that the context otherwise requires: "Effective Date" means from the date of grant of PEP 38330. "PEP 338330" means Petroleum Exploration Permit 38330 issued under the Crown Minerals Act 1991 of New Zealand as amended from time to time. 154 2. ASSIGNMENT OF INTEREST In consideration for the assumption of obligations under Clause 3 of this Deed, Moondance Pty Ltd hereby assigns to Moondance Limited all of its 33.0% interest in PEP 38330, with effect from the Effective Date so that with effect from the Effective Date Moondance Limited, Indo, Continental and Mosaic hold the following undivided interests in PEP 38330: Indo 34.0% Moondance Limited 33.0% Mosaic 20.0% Continental 13.0% 3. ASSUMPTION OF OBLIGATIONS Moondance Limited to the extent of the 33.0% undivided interest assigned to it under this Deed assumes and covenants with each of Indo, Mosaic and Continental to perform with effect from the Effective Date the liabilities, obligations, responsibilities and duties of Moondance Pty Ltd with respect to the 33.0% interest which is assigned to it under this Deed and agrees to indemnify and hold Indo, Mosaic and Continental harmless against all such liabilities, obligations, responsibilities and duties. 4. COSTS AND STAMP DUTY The costs of and incidental to the preparation and execution of this Deed together with all stamp duty and registration fees payable on this Deed shall be borne and paid by Moondance Limited. 5. GOVERNING LAW This Deed shall be governed by and construed in accordance with New Zealand law. IN WITNESS WHEREOF this Deed of Assignment was executed on the day and year first written above. THE COMMON SEAL OF MOONDANCE ENERGY PTY LTD Was hereunto affixed in ) The presence of )/s/ illegible )Director )/s/ illegible )Secretary THE COMMON SEAL OF MOSAIC OIL NL Was hereunto affixed in ) The presence of )/s/ John Carmody Director 155 THE COMMON SEAL OF CONTINENTAL OIL NL Was hereunto affixed in ) The presence of )/s/ John Carmody ) Director SIGNED FOR AND ON BEHALF OF MOONDANCE ENERGY LIMITED By Colin Crabb, it's duly appointed ) attorney pursuant to a board resolution dated 10 February 1998, in the presence of: ) /s/ Colin Crabb, Attorney SIGNED FOR AND ON BEHALF OF INDO-PACIFIC ENERGY (NZ) LTD By its duly appointed attorney ) In the presence of ) /s/ Jennifer Margaret Lean, Attorney PERMIT ENDORSEMENT Permit Petroleum Exploration Permit (PEP) 38330 Action In terms of section 41 of the Crown Minerals Act 1991, and in accordance with a delegation from the Minister of Energy of 20 January 1998, the Manager Crown Minerals consented to a Deed of Assignment whereby Moondance Energy Pty Limited assigned its interest in the permit to Moondance Energy Limited. Date 8 April 1998 Details The participating interests in this permit are now as follows: Indo-Pacific Energy (NZ) Limited 34.00 percent Moondance Energy Limited 33.00 percent Mosaic Oil NL 20.00 percent Continental Oil NL 13.00 percent Certified true and correct /s/ Clyde Bennett For Unit Manager Permitting 14/4/1998