Kasbah Resources Limited - Panel Receives Review Application

The Panel has received an application from Lois Lane Investments Pty Ltd, Bloom Financial Advice Pty Ltd and others seeking a review of the Panel's decision in Kasbah Resources Limited (see TP16/83).

A review 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.

Merlin Diamonds Limited - Panel Publishes Reasons

The Panel today published the reasons for its decision on an application dated 31 October 2016 by Mr Thomas Reddicliffe in relation to the affairs of Merlin Diamonds Limited.

Details of the Panel's decision can be found at TP16/78 and TP16/80.

The Panel's reasons for its decisions are available on the Panel's website.

The sitting Panel was James Dickson (President), Shirley In't Veld and Karen Phin.

Merlin Diamonds Limited

Introduction

  1. The Panel, James Dickson (sitting President), Shirley In't Veld and Karen Phin, made a declaration of unacceptable circumstances in relation to the affairs of Merlin Diamonds Limited. The application concerned possible associations between directors and shareholders of Merlin in connection with the issue of convertible notes and options. The Panel considered Mordechai Gutnick is associated with Joseph Gutnick and Regals Fund LP, which resulted in contraventions of s606 and the substantial holder notice provisions.

Panel Applications and Announcements during the Holiday Season

The Panel advises that no media releases will be able to be published on its website between 5pm on Friday 23 December 2016 and 9am on Tuesday 3 January 2017. Panel media releases for listed companies may be published on the ASX platform.

The Panel's office will be closed from Monday 26 December 2016, reopening on Tuesday 3 January 2017, but the Panel will still be available. Please call us on (03) 9655 3500 before lodging an application during this period.

Kasbah Resources Limited - Panel Receives Application

The Panel has received an application from Lois Lane Investments Pty Ltd and Bloom Financial Advice Pty Ltd in relation to the affairs of Kasbah Resources Limited. 

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.

Panel Publishes Re-write of Guidance Note 12 - Frustrating Action

The Takeovers Panel today published a re-write of Guidance Note 12 Frustrating action.

The Panel issued a consultation paper in relation to the proposed re-write of Guidance Note 12 on 14 September 2016. The Panel received 6 submissions in response and has taken them into account and made further changes to the Guidance Note.

The final revised Guidance Note, and the Public Consultation Response Statement detailing the material comments received and the Panel's response, are available on the Panel's website.

Merlin Diamonds Limited – Declaration of Unacceptable Circumstances

The Panel has made a declaration of unacceptable circumstances (Annexure A) following an application dated 31 October 2016 by Mr Thomas Reddicliffe in relation to the affairs of Merlin Diamonds Limited (see TP16/76).

Background

Between 23 June 2016 and 12 July 2016, Merlin entered into secured note deeds with Regals Fund LP, Chabad Properties Pty Ltd and NRMZ Pty Ltd for the issue of notes and options.

Merlin Diamonds Limited - Panel Makes Interim Orders

The Panel has made interim orders1 in response to an application for interim orders by Thomas Reddicliffe in relation to the affairs of Merlin Diamonds Limited. 

In order to maintain the status quo while it considers the application, the Panel has ordered that, in the absence of Panel consent, the persons referred to in the interim orders must not dispose of, transfer, charge or otherwise deal with their securities in Merlin Diamonds Limited.