Why wouldn't Barrick sue MSX?
Good point. I've given it some thought, and if I were strategizing for Barrick, I wouldn't advise a lawsuit for the following reasons:
1) They sued Mr. Lopehandia and won already. He dodged the financial penalty by claiming hardship. So what did Barrick accomplish? Costly litigation with no financial upside, and JL is still mouthing off. Clearly, suing JL and MSX are not a winning proposition financially.
2) On the other hand, by successfully suing Mr. Lopehandia for making false statements, they've already discredited him in the eyes of the investment community. He's continued to rant, and it hasn't much impacted Barrick. Investors haven't discounted Barrick on fears on title problems, nor have major investment dollars flowed into MSX. So if they've already neutralized the threat, why bother rocking the boat?
3) The old expression "Never argue with a fool..." Just by engaging in the debate, Barrick would inadvertently lend credibility to the other side. Better to leave it alone.
4) Well, the fact that they've already shelved the project makes it a low priority to "go after" MSX. Chances are that MSX will run out of money long before ABX even plans to resume the project. Why sue when time is on your side?