There is no Resolution in the AGM requesting Performance Shares be voted on, so i dont think they can ask now. Too late and i think they have done the right thing by not asking given the situation at the moment.
Last years PR shares still have a cloud over them imo, including the ones that have already vested. Shareholders were asked to vote on granting PR's to BoD and Senior management as well as approve a Performance Rights Plan and Termination Benefits Plan without being disclosed of the legal issues that were already in play but Shareholders were unaware of.
IMO these 2021 AGM Agenda Items and Voting were undertaken without Shareholders being fully informed and disclosed of the legal actions in progress at the time.....which had they been disclosed may have altered shareholder voting and resulting in the Resolutions failing.
This needs to be brought up at this years AGM for comment from the BoD and specifically the Chairman John Clarke whose role it is to ensure Corporate Governance is squeaky clean in accordance with the Policy