Apologies for any repetition.There are three specific judgements...

Apologies for any repetition.
There are three specific judgements we are awaiting, x2 pertaining to the M&DC case and x1 pertaining to the Access to books, records and agreements pertaining to the Four Mile Joint Venture case (x1)

The judgements we're expecting are described at:
http://www.allianceresources.com.au/IRM/Company/ShowPage.aspx?CPID=1362&EID=71975327

1st and 2nd Judgements
ACE is seeking damages from Heathgate and damages and restitution of the 75% interest in the exploration licence over the Four Mile from Quasar arising from Quasar’s and Heathgate’s failure to disclose to ACE information concerning the prospectivity of part of that tenement. ACE contends that Quasar engaged in misleading or deceptive conduct in contravention of section 52 of the Trade Practices Act 1974 (Cth) and section 9 of the Fair Trading Act 1999 (Vic) and that Heathgate assisted or participated in the contraventions committed by Quasar.
ACE also contends that Quasar, with the assistance or participation of Heathgate, breached its obligations under the joint venture agreement, its fiduciary obligations owed to ACE and misused confidential information when Quasar sought, and obtained, a one-year extension of the earn-in period and, subsequently, the transfer of a 75% interest in the exploration licence.
As the statement of claim contains confidential information which, under the joint venture agreement with Quasar ACE is obliged not to disclose, by consent, the Court has ordered that the statement of claim and the defences and reply be treated as confidential until further order.
ACE has applied to the Court for:
(i) leave to interrogate (that is, have questions answered on oath) Heathgate and Quasar,
(ii) an order that Heathgate and Quasar provide complete copies of documents that have been provided to ACE wholly or with certain passages concealed (or redacted),
(iii) an order that Heathgate and Quasar provide ACE with further documents which ACE considers to be relevant to the proceedings.

The application for leave to interrogate (dot point i above)was heard by the Court on 4 March and JUDGEMENT WAS RESERVED.

Agreement was reached on the provision of redacted documents (ii above).

The application for further discovery was part heard 12 May and 31 August 2011. JUDGEMENT WAS RESERVED.


3rd judgement:
On 9 October 2009 ACE formally requested Quasar and Heathgate to provide ACE with access to joint venture documentation. While Quasar agreed to provide copies of some records, ACE considered its response to be inadequate. Alliance believes it should be permitted to have access to all joint venture documentation. Heathgate, which Alliance believes holds joint venture documents in its capacity as “proposed mine manager”, elected not to respond to the request. It is anticipated that access to the joint venture books, records and agreements will enable Alliance to analyse and better understand the original and revised programs and budgets for Four Mile.

ACE issued proceedings against Quasar and Heathgate for an order, by way of pre-action discovery, giving ACE access to books, records and agreements pertaining to the Four Mile joint venture.

This was heard on 22-23 Feb 2010 and JUDGEMENT WAS RESERVED.


On Monday or Tuesday we will know whether:

1. AGS has permission to interogate Heathgate and Quaser under oath.
2. Whether Heathgate and Quaser must release further revealing documents to AGS to support their litigation.
3. Heathgate and Quaser must give AGS access to books, records and agreements pertaining to the Four Mile joint venture (that will enable AGS to analyse and better understand the original and revised programs and budgets for Four Mile.)

Only a few more horses left to enter the starting gates.