Gosford Quarry Holdings Limited 01R – Review Panel declines to conduct proceedings

The review Panel has declined to conduct proceedings on an application from Jamber Investments Pty Limited dated 27 May 2008 (see TP08/48) seeking review of the Panel's decision not to make a declaration of unacceptable circumstances in relation to GPG (No. 6) Pty Limited's on market bid for Gosford Quarry Holdings Limited (see TP08/46).

Gosford Quarry Holdings Limited 01R

The review Panel, Peter Mason AM (sitting President), Tom Bathurst QC and Catherine Brenner, declined to conduct proceedings. It considered that it was unlikely to find unacceptable circumstances in the extended on-market offer by GPG remaining open until the market closed. This was so notwithstanding that the announcement of the extension (and the bidder's statement) referred to the offer remaining open until 4.00pm.

Gosford Quarry Holdings Limited 01

The Panel, Martin Alciaturi, Marian Micalizzi (sitting President) and Mark Paganin, decided not to make a declaration of unacceptable circumstances. The basis is that the acceptances through the market closing auction finishing at 4.12 pm, which took the bidder to 90% of the bid class, occurred in the bid period. This was notwithstanding statements by the bidder that the bid would close at 4.00 pm on the last day.