BERKELEY ENERGIA LIMITED
NEWS RELEASE | 5 November 2021
OIA Claim
Berkeley Energia Limited ("Berkeley" or "Company") advises that further to its announcement on 3 November 2021 in relation to a claim received from Singapore Mining Acquisition Co Pte Ltd (a subsidiary of the Oman Investment Authority ("OIA"), formerly the State General Reserve Fund of Oman), the Company has been served with a writ for proceedings in the Supreme Court of Victoria at the Melbourne Commercial Court.
As previously advised, the Company strongly disputes the allegations and claim made by OIA and is seeking legal advice in relation to the matter.
Further, a copy of the Company's response to a query from the Australian Securities Exchange ("ASX") is included below.
For further information please contact:
Robert Behets Dylan Browne
Acting Managing Director CFO and Company Secretary
+61 8 9322 6322
5 November 2021
Madeliene Green
Australia Securities Exchange
Level 40, Central Park
152-158 St Georges terrace
Perth WA 6000
By email: Madeleine.Green@asx.com.au
Dear Madeleine,
Berkeley Energia Limited
1. Berkeley Energia Limited (Berkeley or Company) refers to your letter dated 3 November 2021 (ASX Letter). Defined terms in this letter have the same meaning as in the ASX Letter unless otherwise indicated.
2. The ASX Letter requests that the Company respond to a number of questions relating to the Resignation Announcement, the Trading Halt and the Company announcement entitled "Company Update" (Announcement) lodged on MAP on 3 November 2021.
Response to questions in ASX Letter
The Company's response against each query in the ASX Letter is as follows:
1. Yes.
2. Not applicable.
3. The Company was first aware of the Claim following an email and Claim letter (dated 1 November 2021) sent from a director of the Singapore Mining Acquisition Co Pte Ltd (OIA Subsidiary) to the Company Secretary in the evening (AWST) on 1 November 2021. The Company was not aware of the Claim at the time of Mr Panigrahi's resignation and the release of the Resignation Announcement.
4. Not applicable. The Company received the Claim letter after market close on 1 November 2021. The Company then requested the Trading Halt prior to market open on 2 November 2021.
5. The Company confirms that it is in compliance with the Listing Rules, in particular, Listing Rule 3.1.
6. The Company confirms that its responses to the questions above have been authorised and approved in accordance with its published continuous disclosure policy or otherwise by its board or an officer of the Company with delegated authority from the board to respond to ASX on disclosure matters.
Yours faithfully
[sent electronically without signature]
Dylan Browne
Company Secretary
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