Knights Capital Group Limited - Panel Receives Application

The Panel has received an application from Knights Capital Group Limited in relation to its affairs. 

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.

Details

Knights is an unlisted public company with more than 50 shareholders.

LinQ Resources Fund

Introduction

  1. The Panel, Guy Alexander (sitting President), Catherine Brenner and Peter Hay, declined to conduct proceedings on an application by FESSB in relation to a bid by IMC for all the units in LinQ Resources. The application concerned (among other things) a condition of the bid requiring the acceptance in respect of approximately 37% of the units in LinQ Resources held as Treasury Units, within 3 weeks after the opening of offers under the bid.

LinQ Resources Fund - Panel Accepts Undertakings and Declines to Conduct Proceedings

The Panel has accepted undertakings from LinQ Capital Limited and LinQ Capital No. 2 Pty Ltd (see annexure A) and IMC Resources Holdings Pte Ltd (see annexure B) and declined to conduct proceedings on an application dated 23 October 2012 from WA Fire and Emergency Services Superannuation Board in relation to a bid by IMC for all the units in LinQ Resources.

LinQ Resources Fund - Panel Publishes Reasons

The Panel today published the reasons for its decision on an application dated 23 October 2012 from WA Fire and Emergency Services Superannuation Board in relation to a bid by IMC Resources Holdings Pte Ltd for all the units in LinQ Resources.

Details of the Panel's decision can be found at TP12/79.

The Panel's reasons for its decisions are on the Panel's website.

The sitting Panel was Guy Alexander (sitting President), Catherine Brenner and Peter Hay.

Appointment of Ms Kathleen Farrell to the Federal Court

The Panel is pleased to note the announcement by the Attorney-General for Australia, The Hon Nicola Roxon MP, of the appointment of Ms Kathleen Farrell (President of the Panel) as a judge of the Federal Court.

The Panel congratulates Kathy on her appointment and thanks her for leading the Panel over the past two years and her outstanding contribution as a Panel member since 2001.

LinQ Resources Fund – Panel Receives Application

The Panel has received an application from WA Fire and Emergency Services Superannuation Board in relation to the affairs of LinQ Resources Fund (LRF). LRF is currently the subject of an off-market takeover bid from IMC Resources Holdings Pte Ltd.

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.

Mission NewEnergy Limited 01R - Panel Declines to Conduct Proceedings and Publishes Reasons

The Panel has declined to conduct proceedings on a review application dated 2 October 2012 from McDermott Industries Limited in relation to the affairs of Mission NewEnergy Limited (see TP12/73).

The initial Panel declined to conduct proceedings on McDermott's original application. The review Panel considered that there was no reasonable prospect of it coming to a different conclusion to the initial Panel. Accordingly, the review Panel declined to conduct proceedings.

Mission NewEnergy Limited 01R

The Panel, Hamish Douglass (sitting President), Rod Halstead and Nora Scheinkestel, declined to conduct proceedings on an application by McDermott Industries Limited for a review of the initial Panel's decision in Mission NewEnergy Limited [2012] ATP 19. The review Panel considered that the exclusivity provision was no longer linked to a control transaction, and in any event was not unacceptable given the commercial reality that Mission faced. Accordingly, the review Panel considered there was no reasonable prospect of it coming to a different conclusion to the initial Panel.