Western Australian Supreme Court proceedings against AustSino and Mr Ding.
As previously announced on 11 October 2021, Sundance applied to the Supreme Court for preaction discovery against AustSino and Mr Ding. As explained at the time, the Company took this step because Sundance’s Board of Directors had (and continues to have) serious concerns regarding the conduct of AustSino and Mr Ding in the period leading up to and following the unlawful expropriation of Sundance's iron ore assets by Congo in late 2020. Sundance notes that the recent events in Cameroon noted above have only served to heighten these concerns.
On Thursday, 31 March 2022, the Supreme Court ruled in favour of Sundance receiving pre-action discovery from AustSino and Mr Ding of, in substance, the categories of documents requested by Sundance. As part of this ruling, the Supreme Court agreed with Sundance that the Company had presented evidence that established that it may have various causes of action against AustSino and Mr Ding, including misuse of confidential information and breach of fiduciary obligations by the diversion of a commercial opportunity.
