TORONTO - The Ontario Superior Court of Justice issued
its ruling today with respect to the El Morro mining
project, finding against the position of Barrick Gold
Corporation (NYSE:ABX)(TSX:ABX).
Barrick continues to believe that New Gold Inc. improperly
exercised its right of first refusal, unlawfully
interfering with the company's right to acquire a 70
percent interest in the El Morro mining project from
Xstrata Copper Chile S.A. Barrick will review the
Court's ruling in detail and will consider its options,
including a possible appeal in this case.
Background
In October 2009, Xstrata Copper announced that it had
entered into a Sale Agreement to transfer all of Xstrata
Copper's rights and interests (70 percent) in the El
Morro mining project in Chile to Barrick for US$465
million. In January 2010, New Gold announced that it had
given Xstrata Copper notice of its desire to purchase such
rights and interests pursuant to a right of first refusal
arising under the Shareholders Agreement between Xstrata
Copper and New Gold. Simultaneously with the New Gold
announcement, Goldcorp announced an agreement with New Gold
to acquire Xstrata Copper's 70 percent interest in the
El Morro mining project, following which Xstrata Copper
terminated the Sale Agreement with Barrick. As a result,
Barrick filed an action in the Ontario Superior Court of
Justice against New Gold, Goldcorp and Xstrata Copper
asserting that the attempted exercise of the right of first
refusal was invalid and unenforceable and improperly
interfered with Barrick's right to acquire the interest
in El Morro from Xstrata Copper.
INVESTOR CONTACT:
Greg Panagos
Senior Vice President
Investor Relations and Communications
Telephone: +1 416 309-2943
Email: gpanagos@barrick.com
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MEDIA CONTACT:
Andy Lloyd
Senior Manager
Communications
Telephone: +1 416 307-7414
Email: alloyd@barrick.com
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