Virgin Australia Holdings Limited (Administrators Appointed) 02

Introduction

  1. The Panel, Michael Borsky QC, Richard Hunt (sitting President) and Bill Koeck, consented to a request from Broad Peak Investment Advisers Pte. Ltd. (for and on behalf of Broad Peak Master Fund II Limited and Broad Peak Asia Credit Opportunities Holdings Pte. Ltd) and Tor Investment Management (Hong Kong) Ltd to withdraw their application in relation to the affairs of Virgin Australia Holdings Limited (Administrators Appointed).

Adavale Resources Limited - Panel Application Withdrawn

The Panel has consented to a request by Mr Matthew Boysen to withdraw his application to the Panel dated 23 July 2020 in relation to the affairs of Adavale Resources Limited (see TP20/48).

On 29 July 2020, Adavale Resources announced the withdrawal of its previously announced fully underwritten non-renounceable rights issue. The Panel is satisfied that it is not against the public interest to consent to the applicant withdrawing his application.

Keybridge Capital Limited 11, 12 & 13 - Panel Receives Application

The Panel has received an application from Keybridge Capital Limited in relation to its affairs and an application from Keybridge in relation to a review of an ASIC decision made under section 655A.1

Details of the applications, 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 applications.

Moreton Resources Limited (Administrators Appointed) 02 (Consent to Review) - President Declines Consent to Review

The Panel has received an application from Alexander Jason Elks seeking the President’s consent to a review of the Panel’s decision to decline to conduct proceedings in Moreton Resources Limited (Administrators Appointed) 02 (see TP20/45). 

The President of the Panel has declined to grant consent under section 657EA(2) of the Corporations Act 2001 (Cth) to a review.  The Panel will publish the reasons for the President’s decision in due course.

Webster Limited - Panel Declines to Make Declaration

The Panel has declined to make a declaration of unacceptable circumstances in response to an application dated 28 June 2020 from Winpar Holdings Limited (Winpar) in relation to the affairs of Webster Limited (Webster). The application concerned whether Winpar had validly objected to Henslow Acquisitionco Pty Ltd’s (Henslow) proposed compulsory acquisition of Webster’s preference shares pursuant to Part 6A.21 (see TP20/38).