Member Info for ACKER

Martingirl

I'm looking at this from a different angle.

The SGM has been called for during a period where the agreed contract has been suspended by the issue of FM.

Should Premier achieve the required votes and wish to proceed to raise funds during the suspension period, then any terms in the contract cannot be enforced.

Any rights Canmax may have under the contract during the period of FM is suspended.

Acker

Dear shareholders

WILL YOU PLEASE MAKE TIME TO VOTE.

IT IS A VERY IMPORTANT ISSUE.

EVERY VOTE IS REQUIRED

TOGETHER WE CAN GET THE RESULT.

Thank you

Acker

The news from Stark is encouraging.

Just the slightest hint of Zulu reaching production should result in Canmax scratching their heads.

Acker

A great BB at the moment.

Thank you to those who are helpings others.

EVERY VOTE COUNTS.

Keep voting

Acker

Had the talks broken down i would have expected a morning RNS.

Every hour of no news brings hope that the parties can settle the disagreement.

Acker

Gazza4563

Who was your last post aimed at ??

Acker

Laverda

It is a matter of getting everyone to vote, turnout in past events has not been great.

As you will appreciate every vote is necessary, that is the drive.

And of course to vote "yes"

Acker

PLEASE VOTE "YES"

THANK YOU

ACKER

Raaydaar

This RDC case, is this the case you have referred to in previous posts as setting a precedent in law?

If not, I would like to have details of the other case, will you please supply them?

Acker

Raaydaar

It would follow logic that in the cited case had the company not had backup facilities and the company had informed the other party such the judgment would have allowed FM.

Acker

Why the exemption was not applied?

Acker

Raaydaar

Thank you for your post in which you state:

"the Judge held that the force majeure clauses applied to justify non- or short supply due to shortage of raw materials, but DID NOT exempt the Defendant from liability arising from unforeseen plant breakdowns."

what you have omitted to tell the BB is WHY the exemption was applied

Obita Dicta

"Plant breakdowns

76 The Judge held that the non- or short supply due to plant breakdowns did not fall within the

scope and ambit of the force majeure clauses in the Contract because in the event that the Kaki

Bukit plant broke down, the Defendant had two backup plants and two friendly suppliers to

accommodate the supply of concrete to Plaintiff (see the GD at [95]). The Judge also found that

the Defendant was stopped from arguing plant breakdowns to avoid liability because it had

represented to the Plaintiff during negotiations that backup plants were available (see the GD at

Version No 0: 29 Aug 2007 (00:00 hrs)

[98])."

The ACTUAL ruling brings into account other circumstances which directed the ruling.

It makes very different reading when the facts are available.

Acker

Laverda

The important issue you raise about Mica.

IMO you are correct however it did happen, the problem has been identified and prompt action has been taken by the contractors to rectify the situation.

Nothing more to add.

Acker

Jaglith

I think the important part is that any Zulu production is offered to Canmax irrespective of quantity.

Acker

Jaglith

Many posts on this subject.

IMO the agreed contract between the two parties is still "live"

The issue of the FM has had the effect of suspending all obligations, suspended NOT deleted.

I can see Premier offering Zulu production to Canmax then it would be in the Canmax court to either accept or decline.

I think it is important that Premier shows a willingness to cooperate throughout the suspended period, and show no malice or any form of action that may be seen by the arbitration panel as obstructive in working out the disagreement.

Acker

Roman Wolf

What is your opinion of the case if, after arbitration, the ruling is made in favor of Premier Africa?

That a valid reason did trigger a ForceMajeure and that the issue of the FM notice was in order.

On what grounds can Canmax terminate the agreed contract.?

Acker

Laverda

Are you 00% sure that Canmax has the legal right to cancel/work away from the agreed contract?

I do agree that cash flow during the contentious period is a priority and I am pleased that Roach is participating.

The vote, should it be required, is of utmost importance Premier must win the right to raise funds by this method.

I am confident that CEO has other options at his disposal.

I am comfortable with the finance.

Stark will come good at Zulu, when is the open question?

Have posted many times regarding the importance of accumulating reliable output data, computing Zulu "worth" and the necessity to do so when courting 3rd party investors.

I will acknowledge that it is currently a bumpy road however the fog WILL lift and the sun will shine.

Acker

Raaydaar

A reminder of the basics:

"If you fail to perform your obligations under a contract you will be liable in damages to the other party, unless you’re prevented from doing so by events or circumstances outside of your reasonable control and the contract contains express provisions suspending (and possibly bringing to an end) your obligations to perform (called a force majeure clause).

If a force majeure clause is triggered, the corresponding obligations of the other party will be suspended and time for the performance of their obligations will be extended to the same extent.

Alternatively, if a frustrating event has occurred, the contract may be automatically discharged and if so, you are no longer bound to perform your obligations under the contract.

Termination must be carefully considered because if you terminate a contract when you didn’t have the right to do so you may give the other party the right to bring a damages claim against you.

Acker

Good morning raaydaar

Let's continue

In an earlier post, you informed the BB that:

"Canmax will claim their differences are irreconcilable..."

And you follow by saying that Canmax will not attend any arbitration.

Two points arise

What evidence have you that Canmax will state this claim

In my earlier post, you will note that you cannot skip past arbitration if it is so written in the contract.

The hearing will continue with or without Canmax.

May I ask again for details of the stated case, name, and case number to which to frequently refer?

You are putting forward this case as the backbone of your defense.

On the basis that the arbitration panel and the Singapore courts look at each contract on its merits and that it would be very unusual to have "mirror contracts" how are you basing your judgment against Premier

You cannot come to a sweeping conclusion about this case where you base your comments on the contents of a different contract.

You may also wish to research the importance of "Reasonableness" A word that often appears in Singapore arbitration .

Acker

Interesting ditto;

"In Singapore, a company can refuse to go to arbitration. However, if the company has agreed to arbitration in the contract, it is bound by that agreement. If the company refuses to participate in the arbitration proceedings, the arbitration can proceed despite such refusal or failure1 "

Acker