BreakFree Limited 04(R) – Panel Receives Application for Review of the Decision of the Sitting Panel in the BreakFree 04 Proceedings [29/10/2003] The Takeovers Panel

Wednesday, 29 October 2003

BREAKFREE 04(R) - PANEL RECEIVES APPLICATION FOR REVIEW OF THE DECISION OF THE SITTING PANEL IN THE BREAKFREE 04 PROCEEDINGS

The Panel announces that on 28 October it received an application from S8 Limited (S8) for review of the decision made by the sitting Panel in the BreakFree 04 proceedings.

The decision in BreakFree 04 was announced by Panel media release 106/2003 on 27 October 2003. A copy of that media release is available from the Panel's website at http://www.takeovers.gov.au/Content/MediaReleases/2003/TP03_106.asp .

S8's application requests that, for reasons set out in the application, the review Panel:

(a) set aside the decision of the BreakFree 04 Panel (which included a declaration of unacceptable circumstances made against S8); and

(b) make a declaration of unacceptable circumstances in relation to BreakFree Limited (BreakFree) concerning statements made by it on 12 September.

The President of the Panel has appointed David Gonski (Sitting President), Kevin McCann (Sitting Deputy President) and Robyn Ahern as the Sitting Review Panel to consider the BreakFree 04(R) application.

The Panel has not yet decided whether to conduct proceedings in relation to the application, or sought the views of the parties affected by it. Consequently the Panel has not yet formed any views in relation to the application.

George Durbridge
Director, Takeovers Panel
Level 47 Nauru House
80 Collins Street, Melbourne VIC 3000,
Ph: +61 3 9655 3553
george.durbridge@takeovers.gov.au