Panel Issues Draft Policy on Restraining Dispatch

The Corporations and Securities Panel has released for comment a draft policy on the circumstances in which it will restrain the dispatch of bidder's statements and offers. The draft will be available shortly on the Panel's web site. Comments are welcome until 18 May 2001.

George Durbridge
Counsel, Corporations and Securities Panel
Level 47 Nauru House,
80 Collins Street, Melbourne VIC 3000
Ph: +61 3 9655 3553
george.durbridge@takeovers.gov.au

Panel Declares Circumstances in Relation to Reliable Power's Bid for Pinnacle Unacceptable and Makes Interim Orders

The Corporations and Securities Panel today made a declaration in relation to Reliable Power Inc's (Reliable ) off market cash takeover offer for the ordinary shares in Pinnacle VRB Limited (Pinnacle ) that unacceptable circumstances had resulted from the representation in Reliable's bidder's statement that New West Capital LLC (New West ) had agreed to provide sufficient funds to Reliable by way of equity subscription and loans to enable Reliable to meet its obligations under the offer.

Panel Receives Application by Troy for Review of Taipan 10 Decision

The Takeovers Panel has received an application from Troy Resources for a review of the Panel's decision in the Taipan 10 proceedings. Taipan 10 was an application by Troy dated 27 February for a declaration of unacceptable circumstances and orders in relation to St Barbara Mines' bid for Taipan Resources. Troy is also bidding for Taipan.

The application by Troy requests a review of the following decisions made by the Panel on 27 March:

Panel Receives Further Application in Relation to Majestic Resources' Bid for Namakwa Diamond Company

The Takeovers Panel has received a second application from Namakwa Diamond Company NL (NDC ) concerning the takeover bid announced on 15 March by Majestic Resources NL (MJN ) for all of the shares in NDC. The first application was received on 26 March and the second application was received on 30 March. The applications allege irregularities in acquisitions of shares in NDC by MJN and other persons and defects in MJN's bidder's statement.

Due to Unfulfilled Defeating Condition in Simon Gilbert Wines' Bid for Vincorp Wineries, the Panel Consents to Withdrawal of Undertakings and Dismisses Vincorp's Application

The Takeovers Panel yesterday dismissed the application made by Vincorp Wineries Limited on 28 February 2001 in relation to the takeover offer made for Vincorp by Simon Gilbert Wines Limited.

The Panel decided to dismiss the application following the announcement by Simon Gilbert Wines that a defeating condition of its bid would not be fulfilled and that all contracts and acceptances under the bid would therefore be void at the end of the offer period on 2 April 2001.

Panel Receives Application in Relation to Majestic Resources' Proposed Bid for Namakwa Diamond Company

The Takeovers Panel has today received an application from Namakwa Diamond Company for an interim order restraining Majestic Resources from dispatching its bidder's statement to Namakwa shareholders. Majestic gave its bidder's statement to Namakwa on 15 March.

The application asserts contraventions of section 606, misleading or deceptive conduct and market manipulation.

Namakwa has requested the Panel to make the interim order pending a determination by the Panel of whether there are unacceptable circumstances in relation to Majestic's proposed bid.

Panel Receives Application in Relation to Reliable Power Inc's Takeover Bid for Pinnacle VRB Limited

The Takeovers Panel has received an application from Pinnacle VRB Limited (Pinnacle ) for a declaration of unacceptable circumstances in relation to the bidder's statement issued by Reliable Power Inc. (Reliable ) for the purposes of its cash bid for Pinnacle. Pinnacle's application was received on 15 March 2001. Reliable sent its bidder's statement to Pinnacle shareholders on 20 March 2001.

Taipan Resources NL 08

These are the reasons for our decision to refuse the application of Troy Resources NL under section 657C of the Corporations Law received on 5 February 2001 for interim orders under section 657E and a declaration of unacceptable circumstances under section 657A in relation to a takeover bid by St Barbara Mines Limited for Taipan Resources NL.