Avocet Mining: update on South East Asia sale lawsuit

Monday, November 28 2011 - 08:31 AM WIB

(28 November 2011) -- Avocet Mining PLC announces that it has been served with a lawsuit in the Indonesian courts by PT Lebong Tandai ("PT LT"), its former partner in PT Avocet Bolaang Mongondow in Indonesia. The lawsuit relates to the US$200 million sale of Avocet's South East Asian assets, which was announced in December 2010, to a private Indonesian company, J Resources Nusantara, an affiliate of J&Partners L.P. The sale has been substantially completed, with US$197 million of the total consideration received to date.

The basis for the lawsuit by PT LT is that Avocet allegedly infringed PT LT's rights by entering into the transaction with J Resources Nusantara. PT LT alleges that Avocet agreed on 26 April 2010 to sell its South East Asian assets to PT LT. In its lawsuit, PT LT has claimed damages totalling US$1.95 billion, comprising US$450 million loss in respect of an alleged on-sale by PT LT of part of the assets, US$500 million loss in respect of financing arrangements allegedly entered into by PT LT, and US$1 billion for loss of reputation.

Avocet denies that it ever agreed to sell its assets to PT LT. As stated in its press release of 8 March 2011 and subsequently, Avocet is confident that all actions it has taken in respect of the sale of its South East Asian assets were in accordance with prevailing rules and regulations and there are no grounds for this legal action. The Company believes the lawsuit to be baseless and will defend itself vigorously. (ends)

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