Blue Energy Limited

The Panel, Garry Besson, John M Green and Karen Wood (sitting President), declined to conduct proceedings on an application by Blue Energy in relation to its affairs. The application concerned board changes proposed by the Receiver appointed by ANZ over Primebroker. The Panel considered that the application was not timely and there was no reasonable prospect of a declaration of unacceptable circumstances.

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.