Benjamin Hornigold Limited 02 and Henry Morgan Limited 02 - Panel Makes Interim Orders

The Panel has made interim orders1 in response to applications for interim orders dated 28 December 2018 by shareholders in Benjamin Hornigold Limited and Henry Morgan Limited2 in relation to the affairs of each company.

Benjamin Hornigold and Henry Morgan are subject to separate off market takeover bids by John Bridgeman Limited.

Benjamin Hornigold Limited 02 and Henry Morgan Limited 02 - Panel Receives Applications

The Panel has received applications from shareholders in Benjamin Hornigold Limited and Henry Morgan Limited1 in relation to the affairs of each company.

Details of the applications, 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 or to hear the applications together. The Panel makes no comment on the merits of the applications.

Panel Applications and Announcements During the Holiday Season

The Panel's office will be closed from Monday 24 December 2018, reopening on Wednesday 2 January 2019, but the Panel will still be available. Please call us on (03) 9655 3500 (leaving a message if necessary) before lodging an application during this period.

The Panel advises that no media releases are able to be published on its website between 12pm on Monday 24 December 2018 and 9am on Wednesday 2 January 2019. Panel media releases concerning listed companies may be published on the ASX platform.

Tribune Resources Ltd 02R

Introduction

  1. The Panel, Karen Evans-Cullen, Ron Malek (sitting President) and Denise McComish, affirmed with minor variations the final orders made by the initial Panel1 in relation to the affairs of Tribune Resources Limited. The review application related only to the initial Panel's final orders.

Benjamin Hornigold Limited and Henry Morgan Limited

  1. The Panel, Yasmin Allen, James Dickson (President) and Bruce McLennan affirmed decisions of ASIC to refuse relief under s655A(1)1 to Benjamin Hornigold Limited and Henry Morgan Limited to extend the time for the dispatch of their target's statements and, in the alternative, to permit them to lodge incomplete target's statements.
  2. In these reasons, the following definitions apply.
    BHD
    Benjamin Hornigold Limited
    Bid Implement

Explaurum Limited

  1. The Panel, Alex Cartel (sitting President), Shirley In't Veld and Jeremy Leibler, declined to conduct proceedings on an application by Ramelius Resources Limited in relation to the affairs of Explaurum Limited. Ramelius made an off-market takeover bid for all Explaurum shares on issue. The application concerned statements in the Target's Statement, including relating to the value of Ramelius's offer, which Ramelius submitted were misleading.

Bullseye Mining Limited 02

Introduction

  1. The Panel, Richard Hunt (sitting President), Rory Moriarty and Neil Pathak, made a declaration of unacceptable circumstances in relation to the affairs of Bullseye Mining Limited. The application raised disclosure and control issue concerns in relation to a capital raising transaction involving the issue of convertible notes and a gold prepayment funding proposal with a related party. The Panel declared the circumstances unacceptable having regard to, among other things, the effect on potential control of the terms of the convertible notes.
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