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Eastplats sues companies, former staff over 'unjust' payment of $13.6m

The Eastplats Companies have filed notices of a civil claim against two companies as well as some of their former directors and officers, relating to a $13.6m payment they say constituted "unjust enrichment".

Eastern Platinum Limited [JSE:EPS], along with Eastplats Acquisition Co. and Eastern Platinum Holdings – which together form the Eastplats Companies – filed the notices in the British Columbia Supreme Court, it was announced on Thursday.

The notices were related to two separate actions.

The first claim was brought against Serina Services AG and Ingewenya Incorporated in relation to the payment of $13.6m to them by the Eastplats Companies, Eastplats said.

According to the first claim, the agreements between those corporations and the Eastplats Companies are not binding.

The claim also says funds were not properly received, are an "unjust enrichment" and should be returned.

The second claim is brought against certain former officers and directors of Eastplats and alleges that these staff members purported to enter into agreements with Serina and Ingwenya on behalf of Eastplats, "pursuant to which $13,666,609 USD was transferred to Serina and Ingwenya without consideration, without conditions precedent for delivery of the funds being met, and without any apparent benefit to the Eastplats Companies".

Eastplats is therefore seeking damages from the former directors and officers "on a number of legal grounds", the statement added.

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