JL has always said that he has title to Amarillos Norte and Sur. Here is what has been presented to the Chile court per MTStack.
JT submits information in C 29407-2016
JGTF, attorney for the plaintiff, … Rol C-29407-2016, to this Court, respectfully states:
For the present act, I come to request the Court to bear in mind the following considerations upon which to base the rejection of the dilatory exception of incompetence promoted by the defendant Minera Nevada SpA.
The publication originated from information disclosed by Minera Nevada SpA., a Chilean subsidiary of the Canadian company Barrick Gold Corporation.
The injurious publication, which is the basis for the action for indemnification of damages, is directly related to the property titles of the Pascua Lama Project. As far as Chile is concerned and according to the UTM coordinates of the International Ellipsoid Reference and South American Provisional Datum, the concessions of the Pascua Project are in Chile. The mining concessions “Los Amarilos 1 to 3000” owned by Minera Nevada S.A., and the mining concessions owned by Hector Mardoqueo Unda Llanos and, from 2018, on behalf of the defendant Minera Nevada SpA, are located in the community of Alto del Carmen, Atacama Region Chile.
The company that is mentioned, along with my client Mr. Jorge Rodrigo Lopehandia Cortes, Mountain West Resources Inc., currently MSX (MountainStar Gold, Inc.) is due to the mining purchase option contract signed in Chile in 2011, regarding mining claims submitted by Mr. Lopehandia named AMARILLOS NORTE and AMARILLOS SUR.
The competent court is Chile.
The decision of the Court of Appeals of Santiago regarding the incompetence exception promoted by the other defendant B.C. Securities Commission, is totally unenforceable for these parties, on the grounds of the arguments used by the Appeals Court. With regard to this institution, the Court’s reasoning was that it would be a governmental body of the Province of British Columbia, Canada, giving it a bond of sovereignty carried out by a foreign State and the non-existence of an international standard that empowers Chilean courts to intervene in the matter.
