Thank you for sharing you research with us, Moseley.
My reading of point 5 of the judgment 17/5/12, is the cut off date for discovery is 30/8/04 or 12/10/04 (depending on the source of the documents).
This judgment cover all the documents from around the time that Q/H sought and obtained the one year extension to the earn in period.
The only way that AGS legal team can “discover” documents generated after that time is to appeal, which may well be the explanation for the appeal, that could have made prior to May 31 2012.
Point 14 is interesting, they are arguing over 6 weeks (30/8 to 13/10/04). One would think if Q/H were (currently) serious about going mining, they would just give AGS the documents, to show them there was nothing there.
The litigation will end eventually. AGS’s legal team would not be going through all this legal maneuvering over “discovery” unless they were confident that there were very significant documents that should have been discovered but have not been.
Documents that could hypothetically end the case and/or give AGS a very strong case for damages, time will tell.
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