Question
Ronan Ltd is a listed company, Paddle Ltd holds 40 percent of the issued shares in Ronan Ltd and Newton Ltd have 35 percent of
Ronan Ltd is a listed company, Paddle Ltd holds 40 percent of the issued shares in Ronan Ltd and Newton Ltd have 35 percent of the shares. The remaining 25 percent are held by a different group of shareholders. Ronan Ltd has tendered for the construction of a large flour mill and is likely to be the successful bidder. It will need an injection of funds to construct the mill. The directors are concerned that Paddle Ltd, which has other flour mill interests, will launch a takeover of Ronan Ltd and they will lose their positions. They are also concerned that Paddle Ltd will terminate the employment of many of Ronan's workers as Paddle Ltd has a reputation of using foreign workers rather than local workers.
At a board meeting the directors resolve to allot a substantial number of shares to Newton Ltd in consideration for a promise that Newton Ltd will arrange finance for the construction of the mill. The allotment to Newton Ltd varies the shareholding power of Paddle Ltd such that, after the allotment, Paddle Ltd will only control 10 percent of the voting power.
REQUIRED: With reference to the Corporations Act 2001 (Cth) and any relevant cases, advise Paddle Ltd whether they can seek to have the share issue to Newton Ltd set aside.
Note: disregard laws pertaining to takeovers when answering this question. NOTE: You are required to use the 4-steps process in answering this question. The marks allocated for the steps are as follows: Steps 1 and 2: 8 Marks. Steps 3 and 4: 7 Marks.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started