I think 3gb has hit the nail on the head. Every day companies...

I think 3gb has hit the nail on the head. Every day companies are doing deals and if full disclosure was provided by the companies using their knowledge and testing their theories to establish potential then the minor party could say thanks and then go and do it themselves. Who would invest capital on this basis? I think it becomes more of a problem when Heathgate say they want to test further in area A but instead test in area A plus B. If AGS can prove they were always going to prospect in Area B then I could see a case for full restitution but as that is unlikely I can't see why a fine wouldn't be reasonable outcome for both parties.

AGS did a deal to allow someone else to use their knowledge, experience and capital to establish the prospectivity over a large area of land, I very much doubt this will count for nothing in a judges eyes. While I would like full restitution a 50 million fine wouldn't be a bad result.

I appreciate that the law may not in principal work like this but how often are there cases that are simply black and white. I guess though that is a judges job to strip away the grey testimony from both sides and arrive at a black and white scenario.