Litigation in the DRC Dismissed; El Nino Files $850,000 Counter Action Against Georges Kavvadias and GCP Group Ltd. for Breach of Agreement
By El Nino Ventures Inc., PRNEWednesday, June 23, 2010
VANCOUVER, June 24, 2010 - TSX.V: ELN
FSE: E7Q
El Nino Ventures Inc. ("ELN", "El Nino"
or the "Company") (TSX.V: ELN; FSE: E7Q) announced today that it has received
notice that the previously announced claims commenced in the Democratic
Republic of the Congo, (DRC) were dismissed by the Tribunal of Commerce of
Lubumbashi. El Nino successfully argued that the jurisdiction for hearing the
claims is in British Columbia and not the DRC. As well, the orders for
garnishment of the Company's shares in its joint venture Company, Infinity
Resources SPRL, have been removed and remain registered in the Company's name
contrary to the representations of Georges Kavvadias and GCP Group Ltd. The
Company continues to take the position that the actions of its previous
Country Manager, Georges Kavvadias are both spurious and without merit.
El Nino has also served Mr. Kavvadias and GCP Group Ltd. a
Notice of Dispute and petitioned the Supreme Court of British Columbia in
response to two alleged defaults of the Joint Venture Agreement.
The Company has stated in its Notice of Dispute and is
prepared to prove that:
- The amounts claimed are not due and owing and that Mr. Kavvadias and GCP Group Ltd., despite repeated requests are unable to provide an accounting of the funds entrusted with him for the advancement of exploration works in the DRC. - GCP Group Ltd. is in breach of the Representations and Warranty contained in the Agreements. - A claim of USD $850,349, for the right to set-off, as against any sums which may be due and owing to Georges Kavvadias and GCP Group Ltd., as well as unspecified damages for breach of the agreements by Georges Kavvadias and GCP Group Ltd. and for further damages for fraud and fraudulent misrepresentation by Georges Kavvadias and GCP Group Ltd.
In addition to the above, the Company is claiming that Georges
Kavvadias breached the Joint Venture Agreement, in addition to the breach of
warranty, by purloining funds provided to him, by denying the Company access
to financial information and the Company's leased premises, equipment and
property in the DRC and refusing to follow the budgetary decisions of El
Nino.
It is important for the Company to obtain a resolution of the
disputes and to determine the above quickly, so that the Management can begin
addressing its obligations and renewing its efforts to advance the Company's
exploration projects in the DRC.
Following receipt from GCP Group Ltd. of the Notices of
Default relating to the Joint Venture Agreement, El Nino has invoked the
arbitration clauses contained in the agreements. Whereas in the past, GCP
Group Ltd. has commenced litigation both in British Columbia which has been
resolved and in the DRC which has been dismissed, with respect to past
disputes, the Company's purpose for invoking the arbitration clause is to
obtain a quick resolution of the current disputes.
On behalf of the Board,
"Harry Barr"
Harry Barr
Director, Chairman, Acting CEO
El Nino Ventures Inc.
Neither the TSX Venture Exchange nor its Regulation Services
Provider (as that term is defined in the policies of the TSX Venture
Exchange) accepts responsibility for the adequacy or accuracy of this
release.
Note: this release contains forward-looking statements that
involve risks and uncertainties. These statements may differ materially from
actual future events or results and are based on current expectations or
beliefs. For this purpose, statements of historical fact may be deemed to be
forward-looking statements. In addition, forward-looking statements include
statements in which the Company uses words such as "continue", "efforts",
"expect", "believe", "anticipate", "confident", "intend", "strategy", "plan",
"will", "estimate", "project", "goal", "target", "prospects", "optimistic" or
similar expressions. These statements by their nature involve risks and
uncertainties, and actual results may differ materially depending on a
variety of important factors, including, among others, the Company's ability
and continuation of efforts to timely and completely make available adequate
current public information, additional or different regulatory and legal
requirements and restrictions that may be imposed, and other factors as may
be discussed in the documents filed by the Company on SEDAR (www.sedar.com),
including the most recent reports that identify important risk factors that
could cause actual results to differ from those contained in the
forward-looking statements. The Company does not undertake any obligation to
review or confirm analysts' expectations or estimates or to release publicly
any revisions to any forward-looking statements to reflect events or
circumstances after the date hereof or to reflect the occurrence of
unanticipated events. Investors should not place undue reliance on
forward-looking statements.
If you have any questions please contact J. Oness at either
+1-604-685-1870 or by email at jay@elninoventures.com.
If you have any questions please contact J. Oness at either +1-604-685-1870 or by email at jay at elninoventures.com.
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