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] 27 October 2004 The Announcements Officer Australian Stock Exchange Ltd
Dear Sir Injunction to be sought from Supreme Court to cancel meeting called for 17 November 2004.
Further to the Company’s announcement of 21 October 2004, the Company has received legal advice on the validity of the notice of meeting sent to shareholders on 15 October 2004. Pursuant to the advice, the Company believes there are certain matters pertaining to the notice of meeting that render it invalid.
The Company’s solicitors have written to the solicitors acting for the convening shareholders pointing out the matters which they believe render the new notice invalid, and have requested that the convening shareholders withdraw their notice and advise all shareholders accordingly.
If the notice for the meeting is not withdrawn and shareholders advised accordingly, in the interest of all shareholders, the Board intends to apply to the Supreme Court of Western Australia for an injunction to prevent the meeting on 17 November 2004 from going ahead.
The Board regrets the disruption caused by the repeated calling of meetings and the distraction caused to management from its principal role of managing the Company, and the consumption of corporate resources.
Annual General Meeting The Board recognises the right of minorities to have a voice in the selection of the Company’s directors as well as the right to remove directors, as provided for under the Corporations Act and the Company’s Constitution. Shareholders will have the opportunity to air any concerns and, if they so wish, to elect the individual directors nominated by the shareholders who have sought to convene a meeting on 17 November 2004, at the forthcoming Annual General Meeting of the Company to be held on 30 November 2004.
In addition, shareholders will have the opportunity to vote for or against the reappointment of all directors currently holding office, with the exception of Mr Vitale, whose appointment was recently confirmed by a significant majority of shareholders at a general meeting of members held on 14 May 2004.
The Notice of Meeting for the AGM, together with the Company’s 2004 Annual Report (refer ASX Announcement 25 October 2004), will be sent to shareholders in the course of the next week. Yours faithfully, Martin Bennett Chairman
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