Cape Lambert Announces MCC Transfers A$80 Million into Escrow Account
26 Novembro 2013 - 4:59AM
Business Wire
Cape Lambert Resources Limited (ASX: CFE) (Cape
Lambert or the Company) is pleased to advise that
Metallurgical Corporation of China Limited (MCC) has now
transferred the disputed sum of A$80 million into an escrow account
held with the National Australia Bank (NAB), as directed by
the arbitrator.
As previously announced, in September 2010 the Company commenced
legal action in the Supreme Court of Western Australia
(Court) against MCC to recover the final A$80 million
payment from the sale of the Cape Lambert magnetite iron ore
project in mid-2008 pursuant to an agreement between the parties
(MCC Agreement). In accordance with the terms of the MCC
Agreement, Cape Lambert received payments totalling A$320 million
in 2008, with the final payment of A$80 million due in accordance
with the terms of the MCC Agreement. Cape Lambert contends MCC are
in breach of the MCC Agreement by failing to make the final
payment.
In March 2013, the Court made orders referring the dispute to
arbitration in Singapore and for the dispute between the Company
and MCC in respect to the payment of A$80 million into an escrow
account pending determination of the primary dispute (Escrow
Dispute) be heard and determined by the arbitrator prior to the
hearing of the substantive dispute between the Company and MCC
subsidiary MCC Australia Sanjin Mining Pty Ltd.
The Company referred the dispute to arbitration in Singapore and
in June 2013 a hearing was held by the Arbitrator to determine the
Escrow Dispute.
The Arbitrator ordered that MCC (which has signed a guarantee in
respect of MCC Australia Sanjin Mining Pty Ltd’s obligations under
the MCC Agreement) pay the disputed amount of A$80 million into an
escrow account in the joint names of the Company and MCC pending
the determination of the substantive dispute. This amount was paid
into the escrow account on 25 November 2013.
Commenting on the matter, Cape Lambert Resources Executive
Chairman, Mr Tony Sage said, “While not an outcome of the
substantive legal dispute, we believe the fact MCC has now complied
with the order from the Arbitrator and deposited A$80 million into
an externally controlled escrow account in Australia, pending the
outcome of the legal action, is important and may see a resolution
to this matter in a more expedited fashion.”
Cape Lambert Resources LimitedTony Sage, +61 8 9380
9555Executive
Chairmaninfo@capelam.com.au
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