TP03/067
The Panel has today published the reasons for its decision in the Anaconda 01 to 19 proceedings.
The table set out in the Annexure lists each of the applications and sets out the identity of the applicant, the date on which the application was made and the date on which the application was withdrawn or determined.
The 19 applications in relation to Anaconda Nickel Limited (Anaconda) were made to the Panel in the period between 21 January 2003 and 11 April 2003. The applications were made by various persons and related to various matters in relation to Anaconda, including a rights issue by Anaconda and a takeover offer by MatlinPatterson Global Opportunities Partners LP for the Anaconda rights and also the Anaconda shares in existence prior to completion of the rights issue.
The Panel announced its decisions in relation to the various applications between 31 January 2003 and 12 May 2003.
The sitting Panel in the Anaconda 01 to 05, 08, 11, 12 and 14 to 17 proceedings was Brett Heading (sitting President), Tro Kortian (sitting Deputy President) and Peter Scott.
The review Panel in the Anaconda 06, 07, 09, 13, 18 and 19 proceedings was Simon McKeon (sitting President), David Gonski (sitting Deputy President) and Ian Ramsay.
In relation to the Anaconda 10 proceedings, the President of the Panel considered the timing issues involved in the application and considered that it was unlikely that the Panel would be able to assemble a sitting Panel to consider the application within the time required. He therefore determined the proceedings sitting as the substantive Panel President.
The reasons are available on the Panel's website.
Nigel Morris,
Director, Takeovers Panel
Level 47 Nauru House, 80 Collins Street
Melbourne VIC 3000
Ph: +61 3 9655 3501
nigel.morris@takeovers.gov.au
Annexure
|
Application |
Applicant |
Date of application |
Date of withdrawal (W)/ determination (D) |
|---|---|---|---|
|
Anaconda 01 |
MatlinPatterson Global Opportunities Partners LP (MP Global) |
21 January 2003 |
31 January 2003 (W) |
|
Anaconda 02 |
Metal Holdings Pty Ltd |
28 January 2003 |
6 February 2003 (D) |
|
Anaconda 03 |
MP Global |
29 January 2003 |
Combined as ANL 02 - 05 |
|
Anaconda 04 |
Glencore International AG (Glencore) |
29 January 2003 |
Combined as ANL 02 - 05 |
|
Anaconda 05 |
Anaconda |
29 January 2003 |
Combined as ANL 02 - 05 |
|
Anaconda 061 |
MP Global |
6 February 2003 |
7 February 2003 (D) |
|
Anaconda 072 |
Anaconda |
6 February 2003 |
Combined with ANL 06 |
|
Anaconda 08 |
Glencore |
8 February 2003 |
11 February 2003 (D) |
|
Anaconda 093 |
Glencore |
11 February 2003 |
12 February 2003 (D) |
|
Anaconda 10 |
Anaconda |
11 February 2003 |
12 February 2003 (D) |
|
Anaconda 11 |
Anaconda |
12 February 2003 |
13 February 2003 (W) |
|
Anaconda 12 |
MP Global |
13 February 2003 |
13 February 2003 (D) |
|
Anaconda 134 |
MP Global |
13 February 2003 |
13 February 2003 (D) |
|
Anaconda 14 |
MP Global |
13 February 2003 |
14 February 2003 (W) |
|
Anaconda 15 |
MP Global |
20 February 2003 |
9 April 2003 (D) |
|
Anaconda 16 |
Anaconda |
21 February 2003 |
12 March 2003 (D) |
|
Anaconda 17 |
Glencore |
21 February 2003 |
Combined with ANL 16 |
|
Anaconda 185 |
MP Global |
11 March 2003 |
10 April 2003 (D) |
|
Anaconda 196 |
MP Global |
11 April 2003 |
12 May 2003 (D) |
1 Appeal in relation to the interim orders in the Anaconda 02 to 05 proceedings.
2 Appeal in relation to the interim orders in the Anaconda 02 to 05 proceedings.
3 Appeal in relation to the Anaconda 08 proceedings.
4 Appeal in relation to the first instance Panel's decision not to allow MP Global to vary an undertaking given in the Anaconda 08 proceedings.
