Whitehaven Coal Limited – Declaration of Unacceptable Circumstances and Orders

The Panel has made a declaration of unacceptable circumstances (Annexure A) and final orders (Annexure B) in relation to an application dated 24 October 2023 by Whitehaven Coal Limited (ASX: WHC) (Whitehaven) in relation to its affairs (see TP23/33).

Background

Whitehaven is an ASX listed company. Bell Rock Capital Management LLP (Bell Rock) is an investment manager.

Mighty Kingdom Limited – Panel Receives Application

The Panel has received an application from Mighty Kingdom Limited (ASX: MKL) (Mighty Kingdom) in relation to its affairs.  The application concerns the alleged conduct of Gamestar Studios Pty Ltd (Gamestar) and its alleged associates.

Details of the application, as submitted by the applicant, are below.

A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings.  The Panel makes no comment on the merits of the application.

Bullseye Mining Limited 06

Introduction

  1. The Panel, Ruth Higgins SC, Christian Johnston (sitting President) and Michael Lishman made a declaration of unacceptable circumstances in relation to the affairs of Bullseye Mining Limited. The application concerned (among other things) an alleged collateral benefit in relation to two shareholders who received shares in connection with the settlement of litigation and gave shareholder intention statements to accept into a takeover bid.

Whitehaven Coal Limited – Acting President Declines to Make Interim Orders

The Panel refers to the application dated 24 October 2023 by Whitehaven Coal Limited (ASX: WHC) (Whitehaven) in relation to its affairs (see TP23/033). 

The Acting President of the Panel has declined to make the interim orders sought by Whitehaven. 

A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings.  The Panel makes no comment on the merits of the application.

Whitehaven Coal Limited – Panel Receives Application

The Panel has received an application from Whitehaven Coal Limited (ASX: WHC) (Whitehaven) in relation to its affairs. The application concerns an alleged failure by Bell Rock Capital Management LLP (Bell Rock) to disclose a derivative interest it holds in Whitehaven.

Details of the application, as submitted by the applicant, are below.

A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.

Southern Cross Media Group Limited – Panel Receives Application

The Panel has received an application from Keybridge Capital Limited (ASX: KBC) in relation to the affairs of Southern Cross Media Group Limited (ASX: SXL) (Southern Cross). Southern Cross is currently subject to a non-binding indicative proposal from a consortium comprising ARN Media Limited (ASX: A1N) (ARN) and Anchorage Capital Partners Pty Limited to acquire 100% of Southern Cross by way of a scheme of arrangement announced on 18 October 2023.

Details of the application, as submitted by the applicant, are below.

The Market Herald Limited

Introduction

  1. The Panel, Kelvin Barry, Kerry Morrow and Karen Phin (sitting President), made a declaration of unacceptable circumstances in relation to the affairs of The Market Herald Limited (TMH). The application concerned an alleged association between two of TMH’s substantial shareholders and issues in relation to two entitlement offers. The Panel considered that the two substantial shareholders were associated with each other and one other person and one of those substantial shareholders was associated with other shareholders.