Cardinal Resources Limited 07 - Panel Declines to Conduct Proceedings

The Panel has declined to conduct proceedings on an application dated 20 November 2020 from Cardinal Resources Limited in relation to its affairs (ASX/TSX: CDV) (see TP20/80).

On 18 November 2020, Nordgold made an announcement extending the closing date for its on-market bid for Cardinal to 7 December 2020 (Nordgold Announcement).  The Nordgold Announcement contained statements, including that:

Cardinal Resources Limited 05

Introduction

  1. The Panel, Jeremy Leibler, Karen Phin (sitting President) and Sarah Rennie, declined to conduct proceedings on an application by Shandong Gold Mining (HongKong) Co., Limited in relation to the affairs of Cardinal.  Cardinal is the subject of competing takeover bids from Nord Gold S.E. and Shandong.  The application concerned whether Nordgold had come to an agreement, arrangement or understanding that MM Asset Management Inc.

Cardinal Resources Limited 02

Introduction

  1. The Panel, Jeremy Leibler, Karen Phin (sitting President) and Sarah Rennie, declined to conduct proceedings on an application by Nord Gold S.E. in relation to the affairs of Cardinal Resources Limited.  Cardinal is the subject of competing takeover bids from Nordgold and Shandong Gold Mining (HongKong) Co., Limited.

CFOAM Limited

Introduction

  1. The Panel, Richard Hunt (sitting President), Bill Koeck and James Stewart, declined to make a declaration of unacceptable circumstances in relation to the affairs of CFOAM.

Webcentral Group Limited 02R - Panel Declines to Conduct Proceedings

The review Panel has declined to conduct proceedings on an application dated 30 October 2020 from Keybridge Capital Limited in relation to the affairs of Webcentral Group Limited (Webcentral).  The application sought a review of the initial Panel’s decision in Webcentral Group Limited1 (see TP20/66).

The application concerned an off-market takeover bid from 5G Networks Limited (5GN) for Webcentral.

Keybridge Capital Limited 04, 05 & 06 - Panel Enforces Confidentiality Undertaking

The Panel has received an undertaking from WAM Active Limited not to read or tender parts of an affidavit and an exhibit to that affidavit in court proceedings containing information that the Panel considered to be subject to confidentiality undertakings given by WAM Active in Keybridge Capital Limited 04, 05 & 06 [2020] ATP 6

Excelsior Capital Limited - Panel Declines to Make Declaration

The Panel has declined to make a declaration of unacceptable circumstances in response to an application dated 29 October 2020 from Mr Warwick Sauer in relation to the affairs of Excelsior Capital Limited (Excelsior). The application concerned acquisitions of Excelsior shares resulting in Ms Leanne Catelan’s relevant interest in Excelsior increasing from 47.8% to 50.2% (see TP20/68).

The Panel considered (among other things) that: