SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Gold/Mining/Energy : ABER RESOURCES -- Ignore unavailable to you. Want to Upgrade?


To: Gord Bolton who wrote (1106)3/19/1999 1:59:00 PM
From: The Vet  Read Replies (3) | Respond to of 2006
 
Gord, it seems that we are not reading the same material.

" In December 1998, when the 1999 budget was discussed and adopted by Aber and the project operator at a Joint Venture Management Committee meeting, Aber informed the operator that Aber would pay its share of the budget and participate in the program, including the bulk sampling of a diamond-bearing dyke at Snap Lake. In numerous discussions since then, Aber has continued to inform the operator of Aber's participation in the program."

aber.ca

From this it seems that there was a meeting and at that meeting Aber informed the operator that it would participate. At every meeting like this that I have attended, minutes are taken and are available to both parties. This may not be exactly the form of notification required by the letter of the JV agreement but it is quite likely that a court will agree that it is sufficient to meet the spirit of the agreement.

Contrary to popular opinion, most courts tend to be more reasonable than to worry about minor technical breaches of an agreement, if it is clear by their actions that the parties fully intended to honour their agreements.

If the dispute went the other way and Winspear went ahead with the 1999 budget expenditure on the basis of the meeting and oral assurances, and then Aber refused to pay their share this meeting would be sufficient to get a judgment against Aber to make them cough up the money even without any other formal notification.

Now either this press release by Aber is untrue or incomplete in some way (in which case Aber directors have a case to answer to their shareholders ) or Winspear is just passing wind....