interesting article in the fin review, page-26

I am almost certain it would have been requested the moment it was considered a requirement, imho.
An immediate appeal would be expected, in fact, except where strategically exigent otherwise. Lynas had to be all in on keeping the ball moving at the very least.
Barring obvious exigencies, a non-appeal might be fairly and immediately interpreted as something more ominous than simply waving a white flag. Have we already been informed in the distant past that an appeal had been made? One I've obviously forgotten? That happens now and then, lol.