Mr. Brent Johnson reports
CLARIFYING NEWS RELEASE --
CHILE LEGAL PROCEEDINGS - TITLE TO PASCUA LAMA PROJECT
As a result of a review by the British Columbia Securities Commission,
Mountainstar Gold Inc. is issuing the following press
release to clarify its disclosure regarding the continuing litigation in Chile
between the company's property optionor, Jorge Rodrigo Lopehandia Cortes, and Barrick Gold Corp., including some of Barrick's Chilean subsidiaries.
Litigation in Chile
Mr. Lopehandia is involved in legal proceedings in the country of Chile
relating to the issue of who is the rightful owner of the Chilean portion of
the Pascua Lama project. The Pascua Lama project is currently under the
control of Barrick and is currently under care and maintenance. Mr.
Lopehandia's position is that he is the rightful owner and Barrick's
position is that it is the rightful owner.
The initial legal proceedings, which are also the main legal proceedings
commenced in March, 2001
(approximately 14 years ago). A hearing in the March, 2001, main legal
proceedings was recently held in the Chilean Supreme Court. The parties are
awaiting a decision -- see the following regarding the proposed further application to
the Chilean Supreme Court by Mr. Lopehandia.
Information as to the March, 2001, main legal proceedings has been provided to
Mountainstar by Mr. Lopehandia and his Chilean legal counsel, who has reviewed and approved this clarifying news release. Mountainstar does not
have independent legal counsel in Chile, and, as a result, Mountainstar has
not had the benefit of a review of the Chilean legal proceedings by an
independent lawyer -- see risk factors as follows.
The property option agreement
As background, the company initially entered into a written property option
agreement dated May 20, 2011, with Mr. Lopehandia, pursuant to which the
company acquired the right to acquire up to a 50-per-cent interest in the Chilean
portion of the project, commonly called the Pascua Lama project. The property option agreement by mutual
agreement of the parties remains valid and binding upon both parties,
despite the existence of mutually acknowledged option payment arrears at
this time, which parties agree, to be directly related to and the product of
Mountainstar's loss of its stock exchange trading status.
Note carefully that the value of Mountainstar's interests under the property
option agreement are directly dependent upon whether Mr. Lopehandia will
be successful in the March, 2001, main legal proceedings in Chile. In other
words, if Mr. Lopehandia is not successful in the March, 2001, main legal
proceedings in Chile, the rights of Mountainstar under the property option
agreement will have no value -- see risk factors as follows.
The proposed application to the Chilean Supreme Court to
review the two legal proceedings
As stated above, there was a hearing recently held before the Chilean Supreme Court
in the March, 2001, main legal proceedings. Also, there was another hearing
recently held before the Chilean Supreme Court in a related set of legal
proceedings. No decision has been issued by the Chilean Supreme Court in that
legal proceeding also.
Mr. Lopehandia advises that he will be applying to the Chilean Supreme Court
to have the Chilean Supreme Court delay a decision in each of the above
described two legal proceedings and to ask the Chilean Supreme Court to review
both legal proceedings at the same time.
Further developments
Mountainstar will continue to disclose developments in the continuing litigation in Chile.
Risk factors
Readers of this news release, and investors in particular, should consider
the following risk factors:
-
Mountainstar has not retained independent legal counsel in Chile.
- Accordingly:
- Mountainstar has not independently determined the status of the
legal proceedings in Chile;
- Mountainstar has not independently determined the status of the
mining claims in Chile, including the ownership and the rights and
encumbrances relating thereto.
-
The value of Mountainstar's interests under the property option
agreement are directly dependent upon whether Mr. Lopehandia will be
successful in the March, 2001, main legal proceedings in Chile. There is no
guarantee that Mr. Lopehandia will be successful in the March, 2001, main
legal proceedings.
-
If Mr. Lopehandia is not successful in the March, 2001, main legal
proceedings in Chile, the rights of Mountainstar under the property option
agreement will have no value.
-
Mountainstar has not retained an independent professional to
determine the location of the various mining claims being the subject of the
legal proceedings in Chile.
-
Mountainstar has not retained an independent professional to locate
the Pascua Lama deposit located in Chile.
-
Many of the documents provided by Mr. Lopehandia to Mountainstar
are in the Spanish language. None of the directors and officers of
Mountainstar speak or read the Spanish language.
- Mr. Lopehandia claims to be the rightful owner of Pascua Lama
because, amongst other things, he is the registered owner of mining claims
of at least 8,600 hectares. But Barrick claims that the Pascua Lama project
area is much larger than that. Barrick also claims that there was a
relatively small mineral reserve at the time of acquisition. For example,
at page 42 of the Barrick annual information form filed in SEDAR on April 6,
1999, Barrick stated the following:
-
"Discovered originally in 1987, the project has been
significantly expanded since its acquisition by Barrick. At the time of
acquisition, reserves in the Esperanza orebody were 1.8 million ounces.
Through extensive exploration in 1995, the company discovered the adjacent
Quebrada de Pascua deposit. Exploration efforts since then have
significantly increased reserves and mineralization in that deposit. At
Dec. 31, 1998, total reserves at Pascua were 14 million ounces of gold
and 440 million ounces of silver."
-
So, there is risk that even if Mr. Lopehandia succeeds in
his claim to ownership of certain mining claims, those mining claims may not
form a significant portion of the Pascua Lama deposit and may be of limited
value.
-
The matters relating to the Pascua Lama mineral deposit and mining
claims forming Pascua Lama and the rights and attributes of those mining
claims are very complex.
-
Mountainstar has not retained any independent professionals in Chile
to deal with the complex matters.
-
Mountainstar currently does not have funds to further make payments
to Mr. Lopehandia.
-
Mountainstar currently does not have funds to finance the continuing business of Mountainstar.
-
Any future equity financing may lead to significant dilution.
-
Mountainstar may be unable to raise sufficient funds to exercise the
options contained in the property option agreement with Mr. Lopehandia.
-
Mountainstar has advanced a large sum of money (the unaudited amount
as of May 31, 2015, is $4,488,534 (U.S.)) to Mr. Lopehandia toward the
exercise of an option with Mr. Lopehandia without obtaining any security
for those advances and without any restriction as to how those funds are to
be used by Mr. Lopehandia. If Mountainstar fails to exercise the option
contained in the property option agreement, all payments made by
Mountainstar are non-refundable.
-
Mountainstar currently has a large amount of current liabilities.
As of Jan. 31, 2015, those current liabilities totalled $3,421,558. The
amount as of April 30, 2015, is expected to be larger and the amount as of
the date of this news release is expected to be yet larger.
-
There is no assurance that Mountainstar can continue to obtain
necessary equity or debt financings to meet its obligations and finance its
continuing business.
-
As a very senior mining company, Barrick should have ample resources
and personnel in Chile to ensure that Barrick has proper title to its mining
properties.
-
As a very senior mining company, Barrick should be considered to
have well informed itself of all litigation risks and yet has not disclosed
the litigation of Mr. Lopehandia as being a material risk.
-
Barrick has claimed in a letter dated March 29, 2011, that the March
2, 2011, news release of Mountainstar was defamatory and threatened legal
proceedings. Although Mountainstar is not aware of Barrick commencing any
legal proceedings, Barrick may commence such legal proceedings in the future
or other legal proceedings claiming that it has been defamed. If Barrick
does commence legal proceedings claiming defamation, it may take years to
revolve. Any such litigation could be extremely expensive for Mountainstar
to defend, and Mountainstar currently has no funds.
-
Barrick has far greater financial resources than does Mountainstar.
Mountainstar has provided this news release to Mr. Lopehandia and his
Chilean legal counsel, who has reviewed and approved the terms of this news
release.
© 2024 Canjex Publishing Ltd. All rights reserved.