Brisbane Markets Limited

Introduction

  1. The Panel, Rod Halstead, Peter Hay (sitting President) and Sarah Rennie, made a declaration of unacceptable circumstances in relation to the affairs of Brisbane Markets Limited. The application concerned an off-market takeover bid by Produce Markets Queensland Pty Ltd for Brisbane Markets. The Panel considered that the bidder's statement and supplementary bidder's statements contained information deficiencies and potentially misleading statements.

Appointment of Panel Members

The Takeovers Panel notes the announcement by the Minister for Small Business and Assistant Treasurer of the reappointment of 8 members and the appointment of 6 new members to the Panel, for terms of 3 years commencing on 8 March 2016.

The President of the Panel, Ms Vickki McFadden, herself reappointed as a member and as President, welcomed the new members. Ms McFadden said:

The President's Club Limited 02 - Panel Publishes Reasons

The Panel today published the reasons for its decision on an application dated 26 June 2012 (as remitted by the Full Court of the Federal Court of Australia on 4 September 2015) from The President's Club Limited in relation to its affairs.

Details of the Panel's decision can be found at TP16/06.

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

The sitting Panel was Peter Day (sitting President), Michelle Jablko and Ian Jackman SC.

The President's Club Limited 02

Introduction

  1. The Panel, Peter Day (sitting President), Michelle Jablko and Ian Jackman SC, extended time for the application, obtained a court extension of time for a declaration, made a declaration and made orders. The application concerned the remittal of the proceedings in The President's Club Limited [2012] ATP 10 (first proceeding).

Sedgman Limited

Introduction

  1. The Panel, James Dickson, Robert McKenzie and Sophie Mitchell (sitting President), declined to make a declaration of unacceptable circumstances in relation to the affairs of Sedgman Limited on the basis of further disclosure made. The application concerned a takeover offer for Sedgman by CGI and the deduction of the value of franking credits from the bid consideration and disclosure issues.

Gulf Alumina Limited - Panel Receives Application

The Panel has received an application from Metro Mining Limited in relation to the affairs of Gulf Alumina Limited. Gulf Alumina is an unlisted public company with more than 50 members and is currently subject to an off-market takeover offer from Metro Mining.

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.

Brisbane Markets Limited - 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 6 January 2016 by Brisbane Markets Limited in relation to its affairs (see TP16/01).

Background

Brisbane Markets is an unlisted company with more than 50 members and its issued capital consists of 42,500,000 ordinary shares and four industry shares.