102 / 112
100
AXIOM MINING LIMITED
ANNUAL REPORT 2015
Notes to the
financial statements
for the year ended 30 September 2015
COMPANY FINANCIAL REPORT
24. Contingent asset and contingent
liabilities
Contingent assets
On 24 September 2014 the High Court of the Solomon
Islands dismissed all of SMM Solomon Limited’s claims
and enabled Axiom to recommence exploration activities
on the Isabel nickel deposit. On 29 October 2014, Axiom
filed submissions and supporting evidence to recover
costs from SMM Solomon Limited (‘Sumitomo’) related to
the Solomon Islands Court Case 258/2011.
On 16 January 2015, Sumitomo provided two irrevocable
and unconditional bank guarantees with a commercial
bank in Solomon Islands for the full sums of:
–
USAU$3.9 million for Axiom’s costs relating to the
original High Court case
–
USAU$177,200 as security for Axiom’s costs of
the appeal.
Axiom will be entitled to recover the costs upon obtaining
a favourable judgment in the appeal in the Court of Appeal
of Solomon Islands, which was heard by a panel of three
Commonwealth judges from 26 May 2015 to 5 June 2015.
The Court of Appeal has reserved judgement and no
ruling has been hand down at the date of this report.
Contingent liabilities
As at the date of this report there are no contingent
liabilities.
25. Events after the reporting period
Axiom had a resounding High Court victory against
SMM Solomon Limited (‘Sumitomo’) in September 2014
in relation to the validity of the Prospecting Licence and
50-year registered lease over the land covering the Isabel
Nickel Project.
On 27 October 2014, Sumitomo filed a notice of appeal
in response to the High Court trial judgement, which was
heard between 26 May 2015 and 5 June 2015 in the Court
of Appeal of Solomon Islands.
The Court of Appeal has reserved judgement and no
ruling has been hand down at the date of this report.
Subsequent to the year end, on 4 November 2015 the
Company announced that it had entered into a convertible
note facility agreement for up to AU$15 million to project
fund the development of the Isabel Nickel Project through
a strategic partnership with experienced resource venture
capitalist and project incubator InCor Holdings Plc
(‘InCoR’).
As part of the agreement, Axiom issued one secured
convertible note with a face value of AU$5,000,000,
convertible to a maximum issue of 13,513,514 fully paid
ordinary shares based on a conversion price of AU$0.37
per share.
The note is for the period of 24 months with interest rate of
6% per annum payable in advance for the first 12 months
and thereafter quarterly in advance. Interest has been
satisfied by Axiom by issuing shares at a fixed price of
AU$0.37. The facility is secured through the first ranking
charge over Axiom’s assets in Australia and Hong Kong.
Apart from the matters mentioned above, no other matters
or circumstances have arisen since 30 September 2015
that significantly affected or could significantly affect the
operations of the Consolidated Group in future years.
Apart from the matters discussed, no person has applied
for leave of court to bring proceedings on behalf of the
Company or intervene in any proceedings to which the
Company is a party for the purpose of taking responsibility
on behalf of the Company for all or any part of such
proceedings.