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16/08/23
16:54
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Originally posted by GiddyYup:
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Good summary of who is claiming what from who but you might want to look a little deeper before stating who did what legally. Not everything is quite that simple and rarely is, much as we would all like it to be and contrary to the claims always made by respective sides in such cases. In particular you might want to look closely at AVZs own written statements which preceded events in AVZ vs Dathomir. There appear to be some quite eye opening statements which may be put forward in the case and would seem to be at the center of the debate. Based on their own public statements I would have thought they are in a difficult starting position in this particular case. I understand that some would rather not even consider that AVZs claims may have a degree of grey or that every other person in every other entity involved in these cases isn't just a plain corrupt criminal liar / thief / fraudster, but AVZs own statements can be looked at for context in relation to the dispute. This appears to be where the secrecy began. Whilst it is possible that some statements were simply poorly worded at the time and not representative of the legal position, I find it interesting that there is never any acknowledgement that these issues might not be as black and white as purported here. At face value it does appear that many of the things that subsequently occurred are unreasonably detrimental to AVZ but don't completely ignore the sequence of events that occurred and what may have sparked the relationship breakdown between the JV partners leading to the plethora of claims and respective actions. I hope this all gets resolved amicably so that all parties can move forward but in the meantime best to interrogate the known evidence if anybody is genuinely interested in understanding what might be the legal arguments being debated. All IMHO.
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There is no grey area on the part of AVZ. AVZ had a PR over the whole area and there was no interest from Zijjin until AVZ discovered the huge mine. Then Zijjin bribed the MOM to take a stake in the mine which was illegal and against the mining code. Simply put AVZ is in the clear and the MOM along with Zijiin are at fault legally. Also AVZ never had a relationship with Zijiin so let's get that straight before you clear off.