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.