Panel Publishes Reasons for Two Decisions in Relation to Colonial First State Property Trust Group

The Takeovers Panel advises that it has published the reasons for its decisions in relation to the second and third applications in relation to the Colonial First State Property Trust Group (Colonial).

Colonial 02

The application was made on 23 September 2002 and it sought urgent interim orders to restrain dispatch of the bidder's statement in Mirvac Funds Limited's takeover bid for the Colonial Funds.

The Panel considered the issues and on 23 September 2002 the Panel declined the application.

Colonial 03

Panel Accepts Undertaking by Australian Liquor Marketers to Postpone Despatch of its Bidder's Statement

The Panel advises that it has today accepted an undertaking from Australian Liquor Marketers Pty Ltd (ALM) to postpone the despatch of its bidder's statement in relation to its takeover bid for S.A. Liquor Distributors Limited (SALD) until 5pm on Friday, 20 December or the Panel proceedings in this matter have been finally determined, whichever is the earlier. On the basis of this undertaking, the Panel has decided not to make an interim order at this time restraining the despatch of ALM's bidder's statement.

Panel Publishes Reasons in Relation to Winepros

The Takeovers Panel advises that it has published the reasons for its decision in relation to the application from Starmore Investments Pty. Ltd.

The application was made on 18 October 2002 and it sought a declaration of unacceptable circumstances and interim and final orders in relation to the acquisitions of approximately 16 million shares in Winepros Ltd. in the period 4 to 14 October 2002.

The shares were sold by previous significant shareholders in Winepros. The shares constituted approximately 32% of Winepros' issued shares.

Colonial First State Property Trust Group 03

These are our reasons for deciding not to make any declaration of unacceptable circumstances in response to an application by the Responsible Entity for the Colonial First State Property Trust Group in relation to Mirvac Funds Limited's takeover bid for the Colonial Funds. The Colonial Responsible Entity alleged that Mirvac was unable, under Mirvac's constitution, to offer or issue the stapled securities and options over those securities that it (Mirvac) was offering as consideration under its bid.

Panel Receives Application in Relation to S.A. Liquor Distributors Limited

The Panel advises that it has today received an application from S.A. Liquor Distributors Limited (SALD) in relation to a takeover bid for that company by Australian Liquor Marketers Pty Ltd (ALM). The application seeks a declaration of unacceptable circumstances and interim and final orders in relation to alleged deficiencies in ALM's bidder's statement and an alleged contravention of the equality of opportunity principle.

Decision In Relation to Anzoil NL

The Panel advises that it has decided to make a declaration of unacceptable circumstances in relation to an application received from Anzoil NL on 29 October 2002. The application sought a declaration of unacceptable circumstances and interim and final orders in relation to an alleged contravention by IGM Group Limited and Capersia Pte Ltd of section 606 of the Corporations Act (Act) and an alleged association with either or both of IMG and Capersia by another shareholder of Anzoil, Dormley Pty. Ltd.

The Panel has decided the following: