Eggleston principles; decline to commence proceedings; closing date, late acceptance, lapse of offer, defeating condition; 50% threshold; majority acceptances; hedge fund; opportunity to participate denied because of actions of one shareholder; role of media; sophisticated shareholder; commercial consequences of decisions; no harm in orders; whether orders provide choice for shareholders; jurisdiction; lack of submissions from relevant shareholder; lack of submissions from target (Qantas); persons affected by application and orders; treat a bid as if an acceptance had been received before the close of the offer; ASIC modification.
Corporations Act 2001: 624(2)(b)
Australian Pipeline Ltd v Alinta Ltd [2007] FCAFC 55; Pinnacle VRB Limited No 08 [2001] ATP 17
Airline Partners Australia Limited, Qantas Airways Limited