Rey Resources Limited

The Panel, Robert Johanson, Andrew Lumsden (sitting President) and Heather Zampatti declined to make a declaration of unacceptable circumstances in relation to the affairs of Rey Resources after accepting an undertaking from BBY. The effect of the undertaking was to allocate shortfall shares under the Rey rights issue to sub-underwriters to ensure that BBY's voting power in Rey does not exceed 5%.

Cape Lambert MinSec Pty Ltd

The Panel, Byron Koster, John O'Sullivan (sitting President) and Simon Withers, affirmed under s656A the decision of ASIC not to grant restricted relief to Cape Lambert to allow it to acquire relevant interests in shares in three Australian listed companies as part of the acquisition of assets from CopperCo. The Panel indicated that it would not have been minded to grant restricted relief in respect of one further Australian listed company that ASIC had indicated it would be prepared to grant restricted relief for. The Panel also indicated that it would not grant unrestricted relief in respect of any of the four companies.

DataDot Technology Limited

The Panel, Martin Alciaturi, Braddon Jolley (sitting President) and Alastair Lucas, made a declaration of unacceptable circumstances in relation to the affairs of DataDot. The Panel concluded that all reasonable steps to minimise the potential control effect of the rights issue on DataDot had not been taken, and that once the rights issue was completed there was a material control effect. The Panel also concluded that disclosures in the rights issue letter of offer and substantial holding notices lodged by TM Consulting and Bannaby Investments were inadequate and misleading.