Meanwhile, Barrick contends Xstrata Copper has breached its obligations to Barrick when Xstrata said it doesn't intend to close the sale agreement with Barrick. Instead, Xstrata intends to transfer its interest to New Gold pursuant to New Gold's exercise of the Right of First Refusal. In its claim before the court, Barrick asked the court to declare that New Gold's Right of First Refusal has expired, and can no longer be exercised. Barrick also asked the court to find the New Gold/Goldcorp Agreement is unlawful and ineffective. Barrick also asks that restitution be made. Goldcorp responded late Wednesday that it is reviewing Barrick's claim with its legal counsel.