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Optimum Wars: Business rescue practitioners take Richards Bay Coal Terminal to court

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The Optimum coal mine in Mpumalanga has been under business rescue since February 2018.
The Optimum coal mine in Mpumalanga has been under business rescue since February 2018.

Optimum's business rescue practitioners are dragging the Richards Bay Coal Terminal (RBCT) to court over the termination of an agreement which had allowed the mine to move coal into ravenous export markets.

In an urgent application filed in the Durban High Court this week, the mine's business rescue practitioners (BRPs) have asked the court to temporarily interdict RBCT from suspending Optimum Coal Terminal's contractual entitlement to export coal from the terminal with effect from 31 January 2023.

They have argued that the decision has infringed their right to move coal through the terminal and is based on "alleged defaults that Optimum Coal Terminal (OCT) was not given notice of or an opportunity to remedy." They further say RBCT's conduct "is oppressive and unfairly prejudicial towards" Optimum.

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