28-03-2017, 11:28 AM
(27-03-2017, 09:46 PM)TTTI Wrote:(27-03-2017, 08:35 PM)cif5000 Wrote:(27-03-2017, 08:23 PM)TTTI Wrote:(27-03-2017, 05:28 PM)activistasia Wrote:(27-03-2017, 05:17 PM)TTTI Wrote: Court of Appeal is the final court.
So no more legal basis to proceed.
The majority shareholders won, and this whole legal exercise, spanning several years, did absolutely nothing to change the status quo.
The majority and minority shareholders are still stuck in a quagmire, the lawyers were the only ones that came out of it as winners.
The offer of $0.4 is of course still valid, but there's nothing else for the other minority shareholders to look forward to.
The majority shareholders don't have to raise the offer price. They're not obliged to now.
The status quo is actually what suits kingboard laminates currently. They get to bypass the minority shareholders.
It looks like the most of the minority shareholders who were shareholders since much earlier, would've lost big despite going through years of lawsuits and waiting.
there is still JCPC and there is still IFA advice which may deem it unfair. Possible catalysts but not the strongest.
What's JCPC?
IFA is only in relation to the current offer of $0.4. If IFA says it's not a fair offer, then sure, go ahead, minority shareholders don't have to tender their shares but they are still stuck in limbo.
With this ruling, the majority shareholder doesn't even NEED to buy out the minority shareholders if they choose to. Previously, the minorities are banking on the fact that the courts will enforce a compensation by making the majority shareholder buy them out.
In fact, if I am them, I'll stick to this same arrangement whereby the facilities are contracted out to Harvest Resource Management.
The court ruling has pretty much stated that such an act, is not oppressive in nature. So essentially, there is nothing to stop them from continuing this arrangement indefinitely.
JCPC - Judicial Committee of The Privy Council
If they want to continue with this arrangement indefinitely, why make a $0.40 offer in the first place?
JCPC - Judicial Committee of The Privy Council
Hmmm, where'd you get this idea from???
I checked with a lawyer friend cos I've never heard of JCPC, and his reply:
"Errr XXXX, where did you get your source from man? You're living with the dinosaurs. Read this"
I was directed to this:
http://www.supremecourt.gov.sg/about-us/...the-courts
And I quote:
"The Court of Appeal generally hears appeals against the decisions of the High Court in both civil and criminal matters. It became Singapore's final court of appeal on 8 April 1994, when appeals to the Judicial Committee of the Privy Council were abolished."
1994................
Hi thanks for clarifying. Sorry I wasn't clear enough. I never said the offer will be revised higher. I'm saying catalyst that may tick up the share price. And this is in court of Bermuda and not the SG Court FYI. https://www.gov.bm/court-appeal
Court of Appeal
The Court of Appeal entertains appeals from the Supreme Court. Any person not satisfied with a decision of the Court of Appeal can appeal to the Judicial Committee of the Privy Council.