PM Capital Asian Opportunities Fund Limited 01 – Declaration of Unacceptable Circumstances and Orders

The Panel has made a declaration of unacceptable circumstances (Annexure A) and final orders (Annexure B) in relation to an application dated 15 October 2021 by WAM Capital Limited in relation to the affairs of PM Capital Asian Opportunities Fund Limited (ASX: PAF) (see TP21/27).

Background

The following facts are in summary form (see the declaration for more background).

Nex Metals Explorations Ltd 03 – Panel Declines to Conduct Proceedings

The Panel has declined to conduct proceedings on an application dated 17 November 2021 from Nex Metals Explorations Ltd in relation to its affairs.

Nex Metals had submitted (in effect) that following the making of Metalicity’s bid, an agent of Metalicity has engaged in conduct that constituted a breach of sections 619(1) (offers to be the same) and 623 (collateral benefits) of the Corporations Act 2001 (Cth) (see TP21/38).

Nex Metals Explorations Ltd 03 – Panel Receives Application

The Panel has received an application from Nex Metals Explorations Ltd in relation to its affairs. Nex Metals is currently the subject of an off-market scrip takeover bid from Metalicity Ltd.

Details of the application, as submitted by the applicant, are below.

A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.

Nex Metals Explorations Ltd 02 – Panel Receives Application

The Panel has received an application from Metalicity Ltd in relation to the affairs of Nex Metals Explorations Ltd.

Details of the application, as submitted by the applicant, are below.

A sitting Panel has not been appointed at this stage and no decision has been made whether to conduct proceedings. The Panel makes no comment on the merits of the application.