The Panel has declined to make a declaration of unacceptable circumstances in response to applications dated 13 August 2021 and 31 August 2021 from Mr Benjamin Graham1 and Mr Warwick Sauer2 in relation to the affairs of AIMS Property Securities Fund (APW). The applications each concerned whether certain unitholders in APW are associated (see TP21/19 and TP21/20).
The Panel considered that there was not sufficient material to establish the alleged associations.
The Panel considered that it is not against the public interest to decline to make a declaration of unacceptable circumstances.
On the basis of the above, the Panel decided not to make a declaration of unacceptable circumstances.
The sitting Panel was Robert McKenzie, Sarah Rennie and Nicola Wakefield Evans (sitting President). The Panel will publish its reasons for the decision in due course on its website.
Chief Executive, Takeovers Panel
Level 16, 530 Collins Street
Melbourne VIC 3000
Ph: +61 3 9655 3500
1 As trustee for the Graham Family Trust
2 In his personal capacity and as a director of Baauer Pty Ltd as trustee for the Baauer Family Trust