Introduction

1. The Panel, Kelvin Barry, Jeremy Leibler (sitting President) and Tara Page, made a declaration of unacceptable circumstances in relation to the affairs of DRA Global Limited. The application concerned an alleged association between members of DRA’s management and other shareholders in relation to changes proposed to the board of DRA and its operating model.

No reasons were published for this matter

Introduction

1. The Panel, Rory Moriarty, John O’Sullivan (sitting President) and Karen Phin, declined to conduct proceedings on an application by CapVest Partners LLP for review of the decision of the initial Panel to decline to conduct proceedings in Virtus Health Limited 03.¹
2. In these reasons, the following definitions apply.

   ASIC Market Integrity Rules

   ASIC Market Integrity Rules (Securities Markets) 2017

Introduction

1. The Panel, Paula Dwyer (sitting President), Christian Johnston and Neil Pathak, made a declaration of unacceptable circumstances in relation to the affairs of PM Capital Asian Opportunities Fund Limited.

Introduction

1. The Panel, Marina Kelman, Michael Lishman and Karen Phin (sitting President) made a declaration of unacceptable circumstances in relation to the affairs of Nex Metals Explorations Ltd. Nex Metals is the subject of a conditional off-market scrip bid by Metalicity Ltd.

Introduction

1. The Panel, Paula Dwyer (sitting President), Christian Johnston and Neil Pathak, declined to make a declaration of unacceptable circumstances in relation to the affairs of PM Capital Asian Opportunities Fund Limited. PM Capital Asian Opportunities Fund is subject to a takeover bid from WAM Capital Limited.

Introduction

1. The Panel, Kelvin Barry, Diana Nicholson (sitting President) and John O’Sullivan, declined to conduct proceedings on an application by Westgold seeking a review of the Panel’s decision in Gascoyne Resources Limited.¹ Gascoyne had entered into a scheme implementation agreement to merge with Firefly by way of a Firefly scheme of arrangement.

Introduction

1. The Panel, Tracey Horton AO (sitting President), John McGlue and David Williamson declined to conduct proceedings on an application by the board of Moreton Resources Limited (in Liquidation) (Receivers Appointed) (Subject to Deed of Company Arrangement) in relation to the affairs of Moreton. The application (among other things) sought a final order that the appointment of receivers of Moreton be set aside.