The Panel, Stephen Creese, Sophie Mitchell and Ian Ramsay (sitting President) declined to conduct proceedings. The application concerned a 178:1 pro rata Entitlement Offer by Multiplex and a conditional 'cash-out' facility for unit holders. The applicant submitted that these amounted to a 'back door' takeover of Multiplex, that alternatives had not been explored and that the waiver of a loan to value ratio breach had not been negotiated forcefully enough with Multiplex's financiers so as to allow Grocon's alternative to be pursued. The Panel considered that the application was too late, overlapped another proceeding involving the parties and in any event it was unlikely to grant the orders sought by the applicant.