declaration of unacceptable circumstances - final orders - best and final statement and departure from that statement - increase offer by allowing shareholders to retain final dividend - truth in takeovers - payment order to affected shareholders- off-market takeover bid - efficient and informed market - variation of Offer - jurisdiction - timing of application - terms of the Offer - franking credits - clear, express and proximate qualification to best and final statement - compliance with original statement- consideration payable under Offer not reduced by the amount of final dividend - heightened on-market trading activity - loss of opportunity to share in the benefits flowing from the Offer- not against the public interest to make a declaration - principle of compensation - creation of new rights - evidentiary issues - probative material - beneficial holder - registered holder
Australian Securities and Investments Commission - CEMEX, S.A.B. de C.V - CEMEX Australia Pty Ltd - Rinker Group Limited
