Burdekin Pacific Limited ABN 66 059 326 519 Level 13 BGC Centre 28 The Esplanade Perth WA 6000 PO Box Z5037 St George’s Tce Perth WA 6831
Telephone: +61 8 9322 6045 Facsimile: +61 9481 5557 Email: [email protected]
20 October 2004 The Announcements Officer Australian Stock Exchange Ltd
Dear Sir,
Another Shareholder Meeting Purportedly Convened for 17 November 2004
The Company has received a copy of a Notice of General Meeting from a group of shareholders pursuant to section 249F convening a general meeting of the members of Burdekin on Wednesday, 17 November 2004 at 9.30am. The meeting has been called to seek the removal of all directors other than myself and the appointment of three alternative directors. The Board has been unable to verify whether the Notice has been
sent to all shareholders entitled to receive it.
The shareholders seeking to convene this meeting comprises the same group that sought to convene an earlier meeting, plus two companies associated respectively with RFC Finance Corporation Pty Ltd and one of its directors, Mr Stephen Allen, both of which have only recently come on the register.
The Company is considering the validity of the Notice of Meeting and whether or not it complies with the Corporations Act – particularly as the meeting has been called less than two weeks prior to the proposed date of the Company’s Annual General Meeting.
The Notice of Meeting was accompanied by a letter from a Mr Colin D Patterson. It is important that the Board emphasise to shareholders that the Company’s Supreme Court action against the convening shareholders, in which the Supreme Court of Western Australia ordered on 12 October that an earlier meeting purportedly called by members of the same shareholder group be cancelled, was an action taken by the Board in the interest of all shareholders to ensure that any meeting of Burdekin shareholders:
1. was convened according to law; and
2. did not give rise to the situation (as accepted by the Supreme Court) that the result of any meeting would give rise to uncertainty as to the composition of
the Board of the Company.
Mr Patterson incorrectly asserts in his letter to shareholders that only one of the objections raised by the company was found to have substance.
Specifically, Commissioner Zilko SC found that one objection raised by the Company was sufficient to order the cancellation of the meeting.
Commissioner Zilko did not need to rule on any of the other objections raised by the Company and did not rule on their validity.
The Notice of Meeting for the forthcoming annual general meeting to be held in late November, together with the printed Annual Report of the Company containing detailed information on progress with its exploration programme at Mt Kasi, will be sent to shareholders shortly.
Shareholders are encouraged to review and assess the information contained in the Annual Report before taking any action in relation to the meeting purported to have been called for 17 November 2004.
Yours faithfully,
Martin Bennett
Chairman
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