The Court of Appeal will hear the suit on
the recusal of High Court Judge Abang Iskandar from hearing the case brought by
a minority shareholder of E&O against the SC tomorrow (09 Aug 2012). The SC
has applied to rescue Abang Iskandar from hearing a judicial review sought by
the E&O minority shareholder Michael Chow of the commission’s decision on
SIme Darby’s purchase of a 30% stake in E&O.
Chow filed the application for judicial
review in Dec 2011 to challenge the SC’s ruling on SIme Darby’s purchase of a
30% stake in E&O. The SC ruled that the acquisition of shares from
E&O’s three major shareholders did not trigger a MGO for the rest of the
shares in E&O. The three major shareholders who sold portions of their
shares to SIme Darby at rm2.30 a share on Sept 2011 are E&O MD Terry Tham,
GK Goh and Tan Sri Wan Azmi.
In his application for a judicial review,
Chow is asking the court to compel the SC to revoke its waiver to SIme Darby
from undertaking a MGO, arguing that the premium of 59% which Sime Darby paid
for the 30% block was clearly a bid to gain control of the company.
Meanwhile SC said in 10 Aug 2012 Sime Darby Bhd does
not have to make a general offer for the remaining shares in Eastern and
Oriental Holdings (E&O) after it acquired a 30% stake.
SC’s position on the GO requirement in the
Sime Darby-E&O acquisition remained unchanged as per the statement issued
on Oct 11, 2011.
The decision is now (Aug 2012) subject to
judicial review which is pending in court.
In the Oct 11 statement, the SC had stated
it concluded the review of the circumstances surrounding the acquisition of 30%
equity interest in E&O by Sime Darby for any Take-Over Code implication.
The SC had then stated in the course of the
review, parties involved in the transaction were interviewed and relevant
documents procured. The review included an assessment of possible concert party
relationships between and amongst the parties involved. Precedents in Malaysia
and practices and rulings in other jurisdictions on similar issues were also
examined.
Having analysed all the evidence gathered,
it is the SC's finding that the acquisition of the 30% equity interest in
E&O by SDB had not given rise to a mandatory offer obligation under the
Malaysian Code on Take-Overs and Mergers 2010.
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