Can anyone confirm if this is accurate?
If so huge stuff up from management, and who is our lawyer, we need a new one lol
If it's true then we need to forget abt arbitration, courts, any of it, dont dare bloody waste shareholders time and money....give them their 15% with our tail between our legs and get on with the bloody show (with a new lawyer), idk we obviously need more details, but doesnt look good from a glance
, welcome aboard Zijin, now help build this bloody mine you sly dogs
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Does anyone happen to have a copy the Dathcom shareholders agreement? Assuming as with other jurisdictions a shareholders agreement can add additional terms and conditions around the Corporations ACT, but not ignore it. e.g. Share Classes and several other items can be detailed in a shareholders agreement in much greater detail. It should be pretty easy to ascertain and conditions around the pre-emptive rights. This may all boil down to the legitimacy of the shareholders agreement vs the Corporation act.
Of course, reading extracts of either without the entire document/s for context is only giving a portion of the story.
AVZ lawyers would have a serious case of gross negligence to answer if the advice provided to AVZ was inaccurate.
For AVZ to ignore requests for a Dathcom shareholders meeting or ignore Z without good cause would also place AVZ and its management in the firing line for a significant shareholder driven class action.
Having said all that, I find it highly unlikely the advice provided to AVZ from its well-paid lawyers would be inaccurate, in fact it is almost inconceivable that this contentious point around calling or holding a shareholders meeting has not been the absolute main focus of legal advice for months.
When I first read the highlights of this one page, I was concerned, then after considering how simple or straightforward the point of contention is, I felt the matter may not be as complex as previously thought.
Other items that have appear to have transpired like the part payment by Z for the 15%, shows lack of confidence or some uncertainty in the 15% transaction / purchase, the seemingly discounted price of the 15% that is causing an uproar locally, (no doubt other monies under the table, but still) and no high level of Government backing of Z on this claim, and considering the high level meeting between CATH and Felix and friends, certainly questions around the involvement by Z would have been asked and answered. (unless the issue with Z transpired post CATH and Felix meeting)
As I mentioned previously, AVZ is at a point / time of weakness for such claims by Z considering the timing of all this, everyday lost now causes AVZ to lose or delay millions of dollars of future revenues with ongoing delays in building out Manono. ASX Market sentiment gets trashed, and CATH is likely considering their position.
Arbitration taking up to 2 years based on the recent example is concerning. Assuming AVZ engage, yet this could be only the first attempt by Z to secure or have its position recognised. They would have multiple legal options across numerous courts and jurisdictions I would have thought.
As others have said, the quick answer to all of this is Felix and friends stepping in, maybe they are, maybe they are not. You would think it is in the interest of Felix and friends to swiftly sort this out.
In summary, this claim by Z at this time is not unlike an attempt to blackmail yet certainly ambush AVZ for some kind of outcome in Z’s favour, otherwise there could be years of litigation. I don’t buy into the Dathomir issue and the other 15% in contention, they are just jumping on the bandwagon to support Z and make AVZ look worse in the current issue.
So unless I’ve missed something, it all comes down to whether Felix and friends weigh in quickly and resolve at the highest level or AVZ negotiates an outcome with Z and then CATH respectively. IMO its more likely AVZ have done nothing wrong, yet unfortunately now need to navigate the games and wrong doings of others in the best interests of AVZ shareholders.
Cheers The Fox