Cheers again Navebregnir! I haven't had time to look over the...

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913 Posts.

918

03/10/14

14:27

Post #: 14071759
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Originally posted by navebregnir ↑

Sorry fellas I was mistaken, Chetwynd J was the presiding judge in that determination. Which I think is the 'first' case where Axiom lost that the learned catdog pointed out. However, I think that case just centered around whether Axiom owned the land whereas since the process wasn't followed, it remained customary which is why the appeal was granted so they could retest the case on both the land and mining issue.

Goldsbrough J who I was referring to is the Chief Justice of the Appeals Court I believe. Hopefully we don't have to deal with him haha.

http://www.paclii.org/sb/cases/SBHC/2012/52.html

"It is abundantly clear there was no lease to the Commissioner; instead there was a lease by the Seventh Defendants to Axiom. The lack of that mandatory step in the process; the absence of a lease being taken by the Commissioner, renders the whole registration process void. The registration never happened and the land remains customary land. In the court of first instance giving rise to the Hiva appeal that is what Goldsbrough J found. The Court of Appeal did not overturn His Lordship's decision. In fact they said;"

"In our view the learned Judge was correct in his decision. The appeal shall be dismissed with costs."

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Cheers again Navebregnir!

I haven't had time to look over the judgments properly but my understanding is that it's not fatal though. Even if it's not validly registered customary land the lease granted to AVQ can still be valid under the mines act. That's the issue about SMM already have 3 licences which was only dealt with a subsidiary issue by Chetwynd J. That's why the Court of Appeal refused to rule on it.

Have you heard any more news on Brown J's judgment? Also interested to hear your thoughts on the injunction standing next Tuesday. While I don't think it means much in the grand scheme of things I think a lot of holders won't understand that. Could see the share price fall even lower. It's got me wary of buying any at the moment.

AVQ Price at posting: 1.6¢ Sentiment: None Disclosure: Held
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