APAC Coal Ltd has been advised that their Indonesian litigation lawyer has filed a Judicial Review with the Indonesian Supreme Court regarding a previous court case. The previous judgements from lower courts did not determine ownership of mining shares, as that dispute falls under the jurisdiction of a District Court rather than an Administrative Court. A law office representing PT Batubara Selaras Sapta has also notified the public not to transact ownership of shares related to the company to prevent potential legal action, as the ownership dispute is still ongoing in the courts.
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Notify batubara selaras sapta (ain't final)
1. 25/05/2010
The Manager
Companies Announcements Office
Australian Stock Exchange Limited
Exchange House
Level 4, 20 Bridge Street
Sydney, NSW 2000
APAC Coal Ltd (ASX Code: AAL) refers to our announcement on the 08 March 2010
concerning the status of the appeal in the Supreme Court in Indonesia.
APAC Coal has now been advised by our Indonesian litigation lawyer that the Judicial
Review has been filed with The Indonesian Supreme Court.
The Board and the legal advisors wish to reiterate that the previous judgements
(adjudicated by the Administrative Court) are not the ones determining the “title of
ownership of the shares” because a dispute on title of shares ownership is under the
competence of the District Court and not the Administrative Court.
The Board wish to also inform that the following advertisement was made in the Jakarta
Post, a national English daily newspaper, on Thursday 20 May 2010 in Indonesia.
NOTIFICATION
On behalf of our client, PT Batubara Selaras Sapta, represented by its President Director,
Mr. Rudy Santoso, a company having its address at Jakarta Stock Exchange Building,
Tower 2, Suite 2305, Jl. Jend. Sudirman, Kav 52 – 53 , Jakarta 12190, based on Power of
Attorney dated 3 May 2010, we hereby notify the public of the following :
1. Our client, PT Batubara Selaras Sapta represented by its President Director, Mr.
Rudy Santoso, is a party to a court case adjudicated by The Administrative Court
of Jakarta on 28 January 2009 under the court judgment No. 141/G/2008/PTUN-Jkt.
;
2. The said court case was referred to The Administrative High Court of Jakarta and
The Administrative High Court of Jakarta adjudicated on this court case on 26 May
2009 under the court judgment No. 85/B/2009/PT.TUN.Jkt. ;
3. The Indonesian Supreme Court has also adjudicated on this court case and the
adjudication was made on 13 November 2009 under the Supreme Court judgment
No. 321 K/TUN/2009 ;
4. Our client, PT Batubara Selaras Sapta, represented by its President Director, Mr.
Rudy Santoso, has already filed “Judicial Review” (Peninjauan Kembali = PK) with
The Indonesian Supreme Court, through The Administrative Court of Jakarta,
2. against the said Supreme Court judgment No. 321 K/TUN/2009. Our client filed the
said “Judicial Review” on 20 April 2010 under the registered number
141/G/2008/PTUN-JKT
5. It shoud be noted that all the aforementioned court judgments are not the ones
determining the “title of ownership of the shares” because a dispute on title of
shares ownership is under the competence of District Court and not the
Administrative Court.
Based on the above mentioned judicial facts, on behalf of our client, PT Batubara Selaras
Sapta represented by its President Director, Mr. Rudy Santoso, we hereby notify and
remind the public not to make any transaction on title of ownership of the said shares,
including sales and purchase of the shares of PT Batubara Selaras Sapta represented by
its President Director, Mr. Rudy Santoso, in order to prevent or refrain our client from
taking any legal actions in relation to such transaction.
Law Office “AMIR SYAMSUDDIN & PARTNERS”
Dr. Amir Syamsuddin, SH, MH
Nurhasyim Ilyas, SH, MH S u b a n i, SH, MH
________________________________________________________________________
CONTACT DETAILS: COMPANY
Sam Di Giacomo
Interim Chairman
APAC Coal Ltd
T: 61 8 9451 8800
ABOUT APAC COAL LIMITED (AAL)
APAC Coal has a 30 Year Concession to explore for coal over a 23,124 ha parcel of land in
East Kalimantan, Indonesia. A JORC compliant inferred resource of 18.2 million tonnes
defined as geological conceptual estimates at the tenement has been identified which is
expected to form the basis of an initial mining operation. This resource occurs within a very
small area of the Concession (3.8%) with over 90% of the Concession yet to be explored to
any significant degree. Kalimantan is the principal coal producing region of Indonesia, the
world’s 7th largest coal producer.
APAC Coal is a subsidiary of Singapore listed Magnus Energy Group, which operates in the
upstream petroleum and coal business. Its core focus is petroleum, coal production, low-
risk exploration and field development. Magnus has committed to providing a low cost
Management and Finance Team in the initial phase of the development of APAC Coal
Limited.
For more information, please visit www.apaccoal.com
3. COMPETENT PERSON’S STATEMENT
The information in this report relates to mineral resources based on information evaluated by Mr Edward
Radley who is a of the Australasian Institute of the Mining and Metallurgy (AusIMM). Mr Radley is a full
time employee of Ravensgate. Mr Radley has sufficient experience which is relevant to the style of
mineralisation and type of deposit under consideration and to the activity which he is undertaking to qualify
as a Competent Person as defined in the 2004 Edition of the “Australasian Code for Report of Exploration
Results, Mineral Resources and Ore Reserves” (JORC Code). Mr Radley consents to inclusion in the report
of the matters based on his information in the form and context in which it appears.