Celamin Holdings NL 01R

The review Panel, Geoff Brunsdon, David Friedlander and Heather Zampatti (sitting President), declined to conduct proceedings on a review application by Psons Limited in relation to the affairs of Celamin Holdings NL. The review application submitted that there were issues that the initial Panel had not adequately considered. The review Panel considered there was no reasonable prospect that it would come to a different conclusion to the initial Panel and declined to conduct proceedings.

Warrnambool Cheese and Butter Factory Company Holdings Limited - Panel Decision

In response to an application dated 26 November 2013 from Murray Goulburn Co-operative Co. Limited in relation to the affairs of Warrnambool Cheese and Butter Factory Company Holdings Limited (see TP13/63), the Panel was strongly of the view that unacceptable circumstances had occurred in relation to the announcements of 15 November 2013 and 25 November 2013 by both Saputo Dairy Australia Pty Ltd and Warrnambool.

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.

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.

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.

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.