Thorn Group Limited 01 & 02 - 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 14 October 2020 by Forager Funds Management Pty Ltd and an application dated 21 October 2020 by Vaspip 2 Pty Ltd, both in relation to the affairs of Thorn Group Limited (ASX: TGA)(see TP20/59 and TP20/60).  

Background

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

The Agency Group Australia Limited 02 - Panel Receives Application

The Panel has received an application from Magnolia Equities III Pty Limited (Magnolia) in relation to the affairs of The Agency Group Australia Limited (AU1).

Details of the application, as submitted by the applicant, are below. Further background details are set out in the Panel’s media release relating to AU1’s application in The Agency Group Australia Limited (see TP20/85).

Molopo Energy Limited 03R, 04R & 05R Variation

Introduction

  1. The Panel, Michelle Jablko (sitting President), Christian Johnston and Tara Page, varied the final orders made on 7 July 2017 by the sitting Panel in Molopo Energy Limited 03R, 04R & 05R.1 The variation stays the sale of the Molopo shares vested in ASIC under the orders until certain Court proceedings are resolved.
  2. In these reasons, the following definitions apply.
    Aurora
    Aurora Funds Management Ltd as responsible en

The Agency Group Australia Limited - Panel Receives Application

The Panel has received an application from The Agency Group Australia Limited in relation to its affairs (ASX: AU1).

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.

Cardinal Resources Limited 07

Introduction

  1. The Panel, Jeremy Leibler, Karen Phin (sitting President) and Sarah Rennie, declined to conduct proceedings on an application by Cardinal Resources Limited in relation to its affairs. The application concerned (among other things) whether certain statements made in an announcement by Nord Gold S.E.

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.
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