Wollongong Coal Limited 02 - Panel Accepts Undertakings and Declines to Conduct Proceedings

The Panel has declined to conduct proceedings on an application from Mr Gordon Elkington in relation to the affairs of Wollongong Coal Limited (Wollongong) (see TP22/01) after accepting undertakings from BDO Corporate Finance (WA) Pty Limited (BDO) and Jindal Steel & Power (Mauritius) Limited (Jindal).

Nex Metals Explorations Ltd 02 - Consent to Extension Request

The Panel received a request from Nex Metals Explorations Ltd for an extension to lodge its Replacement Target’s Statement in relation to Metalicity Ltd’s off‑market scrip bid for Nex Metals pursuant to Order 3 of the Panel’s additional orders dated 17 December 2021 (see Annexure A).

The Panel has decided to consent to a one week extension which gives Nex Metals until Friday, 21 January 2022 to lodge its Replacement Target’s Statement. 

The sitting Panel was Marina Kelman, Michael Lishman and Karen Phin (sitting President).

PM Capital Asian Opportunities Fund Limited 03R & 04R – Decision

The review Panel has affirmed the decision of the initial Panel to make a declaration of unacceptable circumstances in PM Capital Asian Opportunities Fund Limited 01 and varied the initial Panel’s orders (see Annexure A).

On 7 December 2021, the Panel received separate applications from each of Paul Moore (and his associated entities) and PM Capital Limited seeking a review of the initial Panel’s decision in PM Capital Asian Opportunities Fund Limited 01 (see TP 21/45).

Smoke Alarms Holdings Limited 03 – Panel Receives Application

The Panel has received an application from Mr Anthony Richard Lewis and Greenwich Capital Partners Pty Ltd (the Applicants) in relation to the affairs of Smoke Alarms Holdings Ltd (SAS).

Details of the application, as submitted by the Applicants, 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.

Details

SAS is a company which the Applicants say has more than 50 members.

Bullseye Mining Limited 03 – Panel Receives Application

The Panel has received an application from Hongkong Xinhe International Investment Company Limited in relation to the affairs of Bullseye Mining Limited. Bullseye is currently the subject of a recommended off‑market takeover bid by Emerald Resources NL (ASX: EMR).

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.

Wollongong Coal Limited 02 – Panel Receives Application

The Panel has received an application from Mr Gordon Elkington in relation to the affairs of Wollongong Coal Limited. The application concerns an independent expert’s report provided in the context of a compulsory acquisition under Chapter 6A commenced by the major shareholder of Wollongong.

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 04R

Introduction

  1. The review Panel, Amy Alston, Alex Cartel (sitting President) and John Sheahan QC, declined to conduct proceedings on an application by Nex Metals to review the decision of the initial Panel to decline to conduct proceedings in Nex Metals Explorations Ltd 03.1
  2. In these reasons, the following definitions apply.
    Accountant
    has the meaning given in paragraph 10(a)
    Advisor
    the firm of the Alleged Agent
    Alleged Agent
    has the