Celamin Holdings NL

The Panel, Ewen Crouch AM (sitting President), Ian Jackman SC and Anthony Sweetman declined to make a declaration of unacceptable circumstances in relation to the affairs of Celamin Holdings NL. The application concerned whether a 15 for 4 renounceable rights issue partially sub-underwritten by two substantial shareholders would have an unacceptable control effect. The Panel decided not to make a declaration in light of Celamin amending aspects of the rights issue and making additional disclosure.

Wollongong Coal Limited

The Panel, Karen Evans-Cullen, Ron Malek and Vickki McFadden (sitting President), declined to conduct proceedings on an application by Gujarat NRE India Pty Ltd (Controller Appointed) in relation to the affairs of Wollongong Coal Limited. The application concerned whether, having conducted 4 rights issues recently, a 19:20 rights issue would have a substantial control effect. The Panel considered that there was no reasonable prospect that it would declare the circumstances unacceptable.

Virgin Australia Holdings Limited

The Panel, James Dickson, Hamish Douglass (sitting President) and Paula Dwyer, declined to make a declaration of unacceptable circumstances in relation to a 5 for 14 entitlement offer announced by Virgin Australia on 14 November 2013. The Panel considered that neither the cap on applications by shareholders for additional shares nor the use of cash settled derivatives as synthetic sub-underwriting arrangements had a material control effect.

Moreton Resources Limited

The Panel, Richard Hunt, Robert Sultan (sitting President) and Heather Zampatti, declined to make a declaration of unacceptable circumstances in relation to the affairs of Moreton Resources Limited after accepting an undertaking by Moreton. The application primarily concerned whether the terms of funding arrangements between Moreton and Twinkle Woods Limited included unacceptable lock-up devices and whether disclosure regarding the identity of Twinkle Woods was adequate.

Warrnambool Cheese and Butter Factory Company Holdings Limited - Panel Receives Application

The Panel has received an application from Murray Goulburn Co-operative Co. Limited in relation to the affairs of Warrnambool Cheese and Butter Factory Company Holdings Limited. Warrnambool is currently the subject of competing takeover proposals from Saputo Dairy Australia Pty Ltd, Bega Cheese Limited and Murray Goulburn.