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COURT OF APPEAL UPHOLDS YORKCOR'S CLAIMS AGAINST GOVERNMENT

Release Date: 18/01/2001 16:05
Code(s): YRK
Wrap Text
PRESS RELEASE

THE SUPREME COURT OF APPEAL HAS DISMISSED AN APPEAL BY THE GOVERNMENT FROM THE PRETORIA HIGH COURT, AWARDING DAMAGES TO YORKCOR OPERATING SUBSIDIARY YORK TIMBERS LIMITED, FOR BREACHES OF ITS "EVERGREEN" SAWLOG CONTRACT, WITH INTEREST AND COSTS. THE AMOUNT INVOLVED EXCEEDS R5 MILLION.
IN A SEPARATE APPEAL, THE GOVERNMENT WAS ORDERED TO OFFER YORK TIMBERS, FOR SALE AND DELIVERY, THE ENTIRE VOLUME OF LOGS AVAILABLE FROM NORMAL
SILVICULTURAL OPERATIONS IN THREE CONTRACT PLANTATIONS OVER A PERIOD OF FIVE YEARS TO 31 DECEMBER 1999. THE JUDGMENT STATES, "TIME HAS OVERTAKEN THE ISSUE IN SO FAR AS THAT PARTICULAR FIVE-YEAR PERIOD IS CONCERNED, BUT THE ISSUE HAS NOT BECOME ACADEMIC BECAUSE IT WILL ARISE REPEATEDLY WHENEVER A FURTHER FIVE-YEAR CYCLE IS DUE TO COMMENCE." THE ORDER REQUIRES THAT THE OFFER SPECIFY THE VOLUME IN CUBIC METRES.
THE LEGAL ACTION WAS INSTITUTED IN 1994 WHEN THE GOVERNMENT SOUGHT TO HAVE THIS LONG-TERM SAWLOG CONTRACT DECLARED VOID FOR VAGUENESS. THE HIGH COURT REJECTED THE GOVERNMENT'S CLAIM AND REFUSED LEAVE TO APPEAL. YORKCOR THEN
COUNTER-CLAIMED DAMAGES AND AN ORDER FOR SPECIFIC PERFORMANCE WAS GRANTED, TO MAKE THE OFFER OF THE ENTIRE VOLUME AVAILABLE, SUBJECT TO A FIXED MINIMUM. ISSUED FOR : THE YORK TIMBER ORGANISATION LIMITED (YORKCOR)
CONTACT : SOLLY TUCKER (012) 804 9730 CELL 083 456 9900 FAX NO. : (012) 804 8611 ISSUED BY : TISH STEWART PR ASSOCIATES
CONTACT : TISH STEWART (011) 325 4195 CELL 082 443 6399 FAX NO. : (011) 325-4199 E-MAIL : TISH@TSPR.CO.ZA DATE : 18 JANUARY 2001

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