Read The Times Australia

Daily Bulletin

Appian files High Court claim against Sibanye-Stillwater following termination of US$1.2 billion transaction

  • Written by: PR Newswire Asia - Daily Bulletin Au RSS
Appian files High Court claim against Sibanye-Stillwater following termination of US$1.2 billion transaction

Highlights

  •  Appian's claim against Sibanye in High Court of England and Wales follows previous notice of claim
  •  Appian seeks to recover the significant damages which have resulted from Sibanye's
  • Refusal to close a transaction worth over US$1.2 billion to acquire two mines in Brazil; and
  • Incorrect assertion that a material adverse effect had occurred at one of the mines
  • Appian is seeking to recover its losses in full, and Sibanye's failure to close the transaction and incorrect public statements have materially damaged the market perception of Atlantic Nickel and Appian

LONDON, May 30, 2022 /PRNewswire/ -- Funds sponsored by Appian Capital Advisory LLP ("Appian" or the "Company") have filed a claim at the High Court of England and Wales seeking compensation from Sibanye-Stillwater Limited and its subsidiary Sibanye BM Brazil (Pty) Ltd (together, "Sibanye") for Sibanye's failure to close on a transaction, together with other associated material breaches. The claim relates to Sibanye's unlawful breach of two sale and purchase agreements ("SPAs") for its acquisition of Brazilian mining companies Atlantic Nickel and Mineração Vale Verde from Appian, and follows the notice of claim served by the Company on Sibanye on 16 February 2022.

Sibanye's termination was based on the incorrect assertion that a geotechnical instability at Atlantic Nickel's Santa Rita mine constituted a material adverse effect ("MAE") under the terms of the relevant SPA. In reality, the event, which Sibanye had previously assessed as an occurrence "to be anticipated in mature mining operations", had minimal impact on the mine. Appian considers that Sibanye has improperly relied on the event to avoid its legal obligations and that Sibanye wished to terminate the SPAs for commercial reasons unrelated to the geotechnical event. Despite repeated requests, Sibanye has failed to provide Appian with any contemporaneous evidence to support its alleged assessment that the geotechnical instability amounted to an MAE prior to its refusal to close under the SPAs.

Sibanye's failure to close the transaction and incorrect public statements in relation to the Santa Rita mine have materially damaged the market perception of Atlantic Nickel and Appian. Through these proceedings, the Company is seeking to recover its losses in full.

For further information:

Finsbury Glover Hering +44 (0)20 7251 3801 / AppianCapital-LON@finsbury.com  Charles O'Brien, Richard Crowley, Theo Davies-Lewis

Appian Capital Advisory +44 (0)20 7004 0951 / info@appiancapitaladvisory.com

About Appian Capital Advisory LLPAppian Capital Advisory LLP is the investment advisor to long-term value focused private equity funds that invest solely in mining and mining related companies.

Appian is a leading investment advisor in the metals and mining industry, with global experience across South America, North America, Australia and Africa and a successful track record of supporting companies to achieve their development targets, with a global operating portfolio overseeing nearly 5,000 employees.

Appian has a global team of 54 experienced professionals with presences in London, Toronto, Lima, Belo Horizonte, Montreal and Sydney.

For more information, please visit www.appiancapitaladvisory.com, or find us on LinkedIn or Instagram.

 

Authors: PR Newswire Asia - Daily Bulletin Au RSS

Read more https://www.prnasia.com/story/archive/3771896_AE71896_0

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Critical Structural Checks to Prioritise Before Renovating an Older Property

The Australian home renovation market is experiencing unprecedented growth. The total value of thi...

Why Regular Gutter Cleaning Northern Beaches Is Important

Living in the Northern Beaches offers beautiful coastal scenery, fresh air, and leafy surroundings...

Double Glazed Sliding Doors vs Standard Sliding Doors: Key Differences

Sliding doors are a popular choice in modern homes due to their space-saving design and ability to...

How to Plan a Bathroom Renovation Timeline (Without Surprises)

A bathroom renovation rarely feels “small” once work begins. Even modest updates involve multiple ...

What “Extraction Facial” Actually Means (And When It Helps)

“Extraction facial” is one of those skincare terms people use as if it’s one standard treatment, b...

How Compounded Medicines Support Individual Health Needs

Not every patient responds to medicine in the same way. Age, allergies, dosage requirements and sw...

How Live Comedy Can Shape the Mood of an Event

The mood of an event is shaped by more than the venue, food, music, or schedule. Entertainment can...

Why Home Gym Mats Are Becoming a Must-Have

Building a dedicated workout space at home has become increasingly common across Australia. Many p...

Choosing an ELISA Format That Matches Your Target

A colorimetric ELISA ends with a plate that has developed color, and the instinct is to read more ...