Ann: Refinancing of Loan Facility and Retirement of Receivers, page-175

Dear Shareholders

I have receiving a number of enquiries (about 30) from shareholders who have expressed an interest in obtaining legal advice regarding the actions of KordaMentha, including the application to the Court referred to in the information provided to shareholders by letter from KordaMentha dated 20 December 2019.

I understand that the shareholders have already approached Maurice Blackburn and Slater & Gordon regarding a “no win no fee” class action against the directors, or other shareholder action.

My firm is willing to assist by providing legal advice about the s444G application and any other matters related to the insolvency of the company and the deed of company arrangement. My firm is also willing to enter an appearance in the Supreme Court, and if there is merit in doing so, opposing the application on behalf of the shareholders (or some of them).

However, we are commercial litigation firm that provides advice and representation in return for payment of fees on an hourly rate, or an agreed fixed rate. We do not operate on a speculative basis or “no win no fee” basis. If you chose to engage us, we would require funds to be deposited into our trust account ahead of any fees being incurred.

My rate is $495 per hour (including GST). I expect that it would take at least 10-20 hours to provide you with initial advice about the case, depending on the volume and complexity of the background facts. Accordingly, we would require an up front payment of $10,000 into our trust account for the first stage. This is an estimate, not a lump sum, so if it is simpler than I expect, some of this money might be returned to you.

If any or all of you would like to proceed on this basis, please respond, and then I will need to make arrangements to meet with some of you to get more details in order to provide the advice.

If you do not wish to engage me on a paid basis, there is no need to respond.

If you do wish to proceed, can you please tell me in your response:

1. Your full name;
2. How many shares you hold;
3. Your email address, phone number and a postal address.

I will then provide those who are wanting to engage me with our terms and conditions and instructions on how to proceed. I anticipate the costs will be incurred proportionally, so for example, a shareholder who holds 100 shares will pay half the legal fees of a shareholder who holds 200 shares.

Regards

Guy Douglas

DOUGLAS CHEVERALLS LAWYERS

T: (08) 9380 9288 F: (08) 9380 4546

E: [email protected]

510A Hay Street, Subiaco WA 6008