ABM Resources NL 01R - Review Panel Decision

The review Panel has affirmed the decision of the initial Panel in ABM Resources NL (see TP16/19).  In that matter, the Panel concluded that ABM's 3 for 5 non-renounceable rights issue was unacceptable because (among other things) all reasonable steps to minimise the likely control effect of the rights issue had not been taken.  The initial Panel made an order that ABM must not proceed with the rights issue.

On 11 April 2016 ABM sought a review of the initial Panel's decision (see TP16/21).

Investa Office Fund

Introduction

  1. The Panel, Peter Day, Lee Dewhirst and Andrew Lumsden (sitting President), on an application on behalf of DEXUS Property Group made a declaration of unacceptable circumstances in relation to the affairs of Investa Office Fund. The application concerned issues of conflict management by the manager of IOF, voting by Morgan Stanley of units held in IOF, disclosure deficiencies in a document (the IOMH Document) issued by the holding company of IOF's responsible entity and manager, and incomplete substantial holder disclosure.

Gulf Alumina Limited

  1. The Panel, Richard Hunt (sitting President), Andrew Lumsden and Karen Phin, made a declaration of unacceptable circumstances in relation to the affairs of Gulf Alumina Limited. The application concerned an off-market scrip takeover offer by Metro Mining Limited for Gulf. The Panel considered that a letter to shareholders from Gulf and Gulf's target statement contained insufficient and misleading information regarding (among other things) the value of Gulf and shareholder intention statements.