Hi All Axiom Lovers,Just got back from the Solomon Islands,...

Hi All Axiom Lovers,

Just got back from the Solomon Islands, please bear with me, as I recall my events through my eyes for the next 10 minutes.

Well, I am finally here. Just spent the day out on Isabel and have sat in two sessions of the court case.

Firstly, I am absolutely blown away by the deposit - we got to the Kolosori tenement today. All we needed to do was look around our feet and you could see the mineralisation. Plenty of yellow, green and orange rocks. We were shown the limonite and saprolite. It is everywhere and best of all it is at surface without any overburden in the places I went.

The size of the tenement is awesome. You cannot fathom 49km2 of nickel rich land until you see it on Isabel. There are already roads and stock piles on site, the whole tenement runs to shore and unbelievably on the eastern side of the tenement there is also another harbour access! I now can see why Sumitomo are pursuing this in the courts.

What is apparent is that the work done by INCO in the 70's didn't go deep enough to penetrate the whole mineralised profile. I could see how the limonite sat at the surface and where there were pits you can see the beginning of the saprolite but it was clearly still open at depth.

There were no villages at all on the tenement and I can see why - the mineralisation stifles growth of vegetation.

I also visited the Kolosori Resort - Bloody fantastic. It is absolute paradise. What an exceptional idea by Axiom to build such a thing. It has clearly untied the tribes and brought the whole community together and importantly bringing them behind Axiom. The landowners I met there were clearly focussed on one thing - getting ready to work for Axiom and, at all costs, preventing Sumitomo ever coming to the land. Their determination was frightening and something out of a war movie. But after speaking to them for a while I realised that this situation is the equivalent to a war for them. This is their only material ownership so they are going to defend it.

Then to my surprise we visited San Jorge Island where I didn't realise that Axiom also makes claim to another tenement called Bungusule. This is similar in size and apparently has the same nickel content as the Kolosori tenement. It actually looks like it would be easier to mine as it has a slightly less steep gradient running to shore. But again no villages on the tenement, minimal vegetation and again access at various bays for a port.

The water way between the two tenements is clearly Very deep - the bay is called "Thousand Ships Bay"!

I spent yesterday afternoon and this afternoon in the court. Clearly the other side are trying to drag things out as their barrister is talking very slowly and seems quite repetitive.

To counter this and deal with the proceedings in general Axiom do seem to have the upper hand as their strategy seems very impressive. They spoke in only general terms of the court orders received and I will try and convey it the way I took it:

The case has gone on longer than Axiom expected. Consequently the size of the potential damages claim has increased. They were concerned that the Sumitomo subsidiary in the Solomons could not afford to pay it if Axiom won. So they requested from Sumitomo a guarantee for damages. They refused so Axiom said they will go to court to seek an order. If I understand correctly on the 'çourt steps' Sumitomo (Tokyo) agreed to the guarantee. So they are covered financially upon a win.

They then, in this trial, applied to have the injunction lifted on the basis that the other side were taking too long in the proceedings. Sumitomo argued it. The judge returned a judgement more favourable i.e. Axiom don't have to spend money now but they can be certain as by the order of the High Court that the government must issue them another 3yr licence. This order has clearly put Sumitomo back a big step as they may understand they will lose the case, but if they were able to drag it out then Axiom would be left with an expired licence and have to deal with Sumitomo potentially manipulating the government licencing process again.

Back to the perceived delay of the court proceedings - we will all recall that there was two landowner claimants who withdrew from the case mid this year but were replaced by others in what was referred to as the joinder application (3rd and 4th Claimant). Apparently the two that withdrew made a statement to the court in mid - 2011 stating that they never gave Sumitomo's lawyers authority to be part of the case and in fact they support Axiom. Yes, it took two years to have them removed because Sumitomo's lawyers fought to keep them in! When that matter was finally heard Sumitomo's lawyers could not enter the court as Axiom said they would apply to the court to have Sumitomo's lawyers removed.

Axiom said they were never worried about those that were put in to replace them as they knew they had no representative capacity above the ones that withdrew. Hence the Chief's Court ruling in Sept '13 on this issue.

Also there was another landowning claimant that withdrew this year. Axiom now believe the remainder of the so called landowner claimants have no representative capacity and will easily be proved in court.

So that then leads on to the 3.42 ruling....have a think about the sequence of events again: proper landowners withdraw. The others remain and Axiom doesn't bother with them....until now!

Now that the trial is on with a dedicated judge and plenty of time, Axiom struck! The judge accepted Axiom's application on 3.42. yes, it includes Axiom's landowner partners but they always knew this would be the risk that the judge would impose the 3.42 rule on them as well but Axiom have no fear in that regards as Axiom are more than satisfied they are the true landowners and the true representatives.

So the claimants have to run their case first i.e. their lawyers do most of the submission and it is only Sumitomo witnesses in the stand. What that means is that the remaining land claimant not only have to prove the case as a whole they need to prove to the judge that they have the authority of the tribe to be in the court. If they cannot prove this it is likely they will be struck out. Already the 6th claimant withdrew.

Now what happens if there are no land claimants left in the case? Well then Sumitomo becomes VERY weak to the point of hopeless....Question is.....Will The Court Allow The Case to Continue?!

Please DYOR