AVQ 0.00% 2.5¢ axiom mining limited

"The purpose of damages is to restore an injured party to the...

  1. 8,619 Posts.
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    "The purpose of damages is to restore an injured party to the position the party was in before being harmed."

    AVQ had $0 revenue hence $0 compo for lost revenue.

    RM can bleat about shoulda woulda coulda but no judge will ever rule in his favor. It would be so easy to show 100+ mining companies that promised to be in production, promised to find funding, promised to find a JV partner and they all failed to meet deadlines and RM's case falls apart.

    There is no way RM can show 100% guaranteed they would have done this and that.

    If the plant was built, ready to go, and RM was just about to turn on the switch with 100 staff ready to go then he may have had a case on compo. But it's basically a green field project. It's just is not possible. Doesn't even have a JORC. Who knows what can be mined, what grade and so forth. Even no customers.

    There is also no way to prove that drilling would have added value so some sort of weird compo for lost value is not possible either. Many mining specs fall in value after drilling if the project doesn't stack up. SMM lawyers would shoot everything down with ease.

    Too many maybes. Judges don't give compo on maybes.
 
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