Aspen Parks Property Fund 01 and 02

The Panel, Christian Johnston, Nora Scheinkestel (sitting President) and Robert Sultan, declined to conduct proceedings on an application by Discovery Parks, and an application by Discovery Parks and Martin Cotterell as trustee for the Marlee Superannuation Fund, in relation to the affairs of Aspen Parks Property Fund. The applications concerned (among other things) an entitlement offer made by Aspen Parks and whether disclosure should have been made earlier of an indicative and later final conditional proposal by Discovery Parks to acquire assets of Aspen Parks. Given the lateness of the applications, the Panel considered that the facts presented were not such as to warrant further delaying the timetable of the entitlement offer, which could be unfairly prejudicial.

Scantech Limited

The Panel, James Dickson, Peter Hay (sitting President) and Michelle Jablko, declined to conduct proceedings on an application by Scantech Limited, and instead referred the issue to ASIC for it to investigate and consider making an application. The application concerned whether certain shareholders had entered into agreements that created relevant interests in excess of 20% or otherwise created or evidenced an association in breach of Chapter 6.

RHG Limited

The Panel, Hamish Douglass (sitting President), John Keeves and Francesca Lee, declined to conduct proceedings on an application by Australian Mortgage Acquisition Company Pty Ltd and Resimac Limited in relation to the affairs of RHG Limited.

RHG Limited - Panel Receives Application

The Panel has received an application from Resimac Limited and Australian Mortgage Acquisition Company Pty Limited (together the Resimac Syndicate) dated 25 September 2013 in relation to the affairs of RHG Limited. RHG is currently party to a merger implementation deed with the Resimac Syndicate under which the Resimac Syndicate would acquire 100% of RHG shares. RHG has received a competing proposal from Pepper Australia Pty Limited and Cadence Capital Limited.