In fact, only the Crown has the right to "expropriate" a property (or a right to it) for public purposes.

My understanding of KWG's argument is that the Crown granting the easement to Cliffs would allow a private party to indirectly expropriate the rights of another private party, in order to serve its own, exclusive interest.

In other words, KGW's interest is to bring Big Daddy into production with its partner Cliffs, but Cliffs has the last say on the development of BD being the majority holder. KWG spent big money and efforts to prepare the terrain in view of the JV projected mine.

On the other hand, Cliffs' interest is clearly to mine its 100% Black Thor property, despite seeing its partner dry out with the other deposit, and even if its partner made huge spendings in favour of the Big Daddy JV.

However, in order to develop its Black Thor exclusive property, Cliffs has to build a road and ("Hello there!!!) has to trespass its JV partner claims, which were staked "along a series of sand ridges to provide the Big Daddy joint-venture with exclusive mineral title to land over which its chromite might be equipped for further exploration and development".

"What? You wanna get there by yourself? You want an easement for your Black Thor project? C'mon, partner... I'd be happy to have these claims used for our JV, but man, letting us dry out while your trucks travel days and night on them... You want to make fools of us? See you in court, my selfish ole buddy!"

I was disapointed when Frank withdraw its Spider dissenting shareholder application against Cliffs, but I understood that even if the true value of Big Daddy was shown it would not oblige Cliffs to buy us out anyways. Frank chose to wait and build its case with more solid grounds. I think the denouement is now not so far away!

GLTA.

BaBe.