Brockman Mining : RAIL ACCESS PROGRESS - TPI APPLICATION FOR SPECIAL LEAVE TO APPEAL DENIED

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布 萊 克 萬 礦 業 有 限 公 司 *

(incorporated in Bermuda with limited liability)

On 15 May 2013, Brockman Iron Pty Ltd (Brockman) submitted a proposal for access, under section 8(1) of the Railways (Access) Code 2000 (WA) (Access Code), to gain access to part of the below-rail infrastructure owned by The Pilbara Infrastructure Pty Ltd (TPI) (Access Proposal). On 4 October 2013, TPI commenced legal proceedings in the Supreme Court of Western Australia challenging the validity of Brockman's Access Proposal. On 26 September 2014, Edelman J determined that the Access Proposal was valid and complied with the requirements of section 8 of the Access Code. TPI's claim was wholly dismissed with TPI was ordered to pay Brockman's costs of the proceedings.

Subsequently, as reported in the Company Quarterly Activities Report dated 30 October 2015 (for period ending 30 September 2015), TPI lodged an appeal in the Court of Appeal which was heard on 20 August 2015, by Buss JA, Murphy JA and Beech J. As announced by the Company on 29 February 2016, the Court of Appeal upheld Edelman J's judgment and TPI's appeal was wholly dismissed. TPI was ordered to pay Brockman's costs of the appeal.

* For identification purpose only

On 24 March 2016, TPI made an application to the High Court of Australia for special leave to appeal the Court of Appeal's judgment. At a hearing on 2 September 2016, the High Court of Australia refused TPI's application for special leave to appeal to the High Court of Australia. This exhausts TPI's avenues of appeal and brings Brockman closer to sensible commercial negotiations with TPI to seek regulated access to the TPI railway.

By order of the board of directors of

Hong Kong, 2 September 2016

As at the date of this announcement, the board of directors of the Company comprises Mr. Kwai Sze Hoi (Chairman), Mr. Liu Zhengui (Vice Chairman) and Mr. Ross Stewart Norgard as non-executive directors; Mr. Chan Kam Kwan, Jason (Company Secretary), Mr Colin Paterson and Mr. Kwai Kwun Lawrence as executive directors; and Mr. Yap Fat Suan, Henry, Mr. Uwe Henke Von Parpart and Mr. Choi Yue Chun, Eugene as independent non-executive directors.