The issue as to whether CDU and its directors could be taken to court hinges not on what the DFS said, but if there was one (or "internal company models") why were these not made available to the investors under Continuous Dislclosure requirements?
i mean, they did say the DFS matched up with their internal models.
Which means that for years now the company has been forging ahead with building a $650M mine that will produce $112M NPAT and near zero IRR.
Its no surprise to them it's a dog, but they certainly didn't dare release the models they apparently knew about which proved it was a dog, before it was 90% complete and on the vinegar stroke. I mean...you gotta ask...
Also, Scorps et al.'s charge to the Takeovers panel was that the capital raising was a takeover by stealth. Oceanwide capped itself at 19.9% so that charge is obviated. Whether or not there's a deal behind the scenes for the sub-underwriters holding their stock on trust for OW or others, against a rainy day when a flash takeover is needed....well, who really cares if OW gets $112M NPAT?
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