For your information
@Mr.Lumin. Have emailed the people listed below.
It is disturbing how little information has been provided about K2H and the Boulderscome Battery which we know became fully operational on 12 December.
In particular, I am waiting to hear from Mr Witham.
To:-
Ana Gomiero (Who, like Simon Kidston, has blocked my emails)
General Counsel
Genex Power Ltd
Gerard Dooley
Partner
MinterEllison
(Please pass this to Ana Gomiero)
Mr Peter Witham
Acting Senior Executive Leader
Misconduct & Breach Reporting
Intelligence and International
ASIC (Brisbane)
Having failed to elicit any response from the Kidston/Craven Board/IBC about the determination of fair and reasonable SHAREHOLDER VALUE by the Genex IBC, (and Goldman Sachs), I have asked the ASX, among other matters, if it will take appropriate action(s) to have the TAKEOVERS PANEL review the findings of the Independent Expert Report.
The present and future value of K2H is the central issue in the proposed takeover. It is imperative for any party seeking to determine these estimates of value to have details of the NAIF concessional loan. I have been formally advised by the NAIF’s Chief Legal Officer, Mr Chris Collins, this crucial information cannot be provided. This vital information is almost certainly, through the Genex Power Ltd director, with J - Power.
My correspondence with NAIF has revealed that the future of the NAIF concessional loan has not been clarified. This is yet another matter not disclosed by the Kidston/Craven Board to GNX shareholders. So much for continuous disclosure.
The two ASX officers contacted are yet to respond. For want of a response from the ASX I have registered a Report of Misconduct over the matter(s) with ASIC.
I now ask the respective legal representatives of Genex Power Ltd and J - Power, when will Genex Power Ltd make an ASX Announcement to inform its shareholders HOW, WHEN and by WHOM will the Independent Expert be appointed?
Such information is not provided in the Transaction Implementation Deed; despite the two words “INDEPENDENT EXPERT” being found ninety times in the 185 pages of the ASX Announcement.
Yours sincerely
HLP
Misconduct Issuer
ASX
Mr Lachlan Morley
Adviser
Listings and Compliance
ASX (Sydney)
John Williamson-Noble
Gilbert + Tobin
Partner
(Proxy for Ana Gomiero)
Catherine Strong
Morrow Sodali
Craig Doyle
CEO
NAIF
Chris Collins
Chief Legal Officer
NAIF
Dr Ralph Craven
Chairman
Genex Power Ltd
Andrew Macdonald
AFR
Giles Parkinson
Editor
RenewEconomy
(20min delay)