Ann: TOV: NME 03 - Panel Declines to Conduct Proceedings, page-8

Yes that is right. I would expect that the Supreme Court would throw this ridiculous claim in the waste basket as well.

NME have acknowledged in their own announcements that they have received notice of the required spend and recognized the establishment of a JV subject to an audited expenditure review.

The audited expenditure review seems the only issue here. The only time sensitive condition of the Agreement is that the spend is to be completed in 5 years. If this is the case then in my opinion, I see no issue for the Court to resolve.