CuDeco Limited

Introduction

  1. The Panel, Alex Cartel, James Dickson (sitting President) and Elizabeth Hallett, declined to conduct proceedings on an application by Neville Lowe, a shareholder of CuDeco Limited representing 97 shareholders. The Applicant submitted (among other things) that CuDeco’s proposed rights issue had a control effect and there was deficient disclosure including in relation to the rights issue, its underwriters and the combined voting power of substantial shareholders.

Australian Industrial REIT

Introduction

  1. The Panel, Ron Malek, Tony Osmond and Robert Sultan (sitting President), declined to conduct proceedings on an application by Fife Capital Funds Limited as responsible entity of Australian Industrial REIT in relation to the affairs of ANI. 360 Capital Investment Management Limited as responsible entity of the 360 Capital Industrial Fund had made an off-market takeover bid for ANI. Fife Capital submitted that statements in a notice distributed by 360 Capital to ANI unitholders were misleading.
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