WASC 234
the meeting, the following information was required: the holder
identification number of the shareholder, the company name or code,
the country and the postcode of the shareholder as recorded in the
defendant's share register.10 Where an online proxy is lodged, the
information that is recorded by the defendant's share registry includes
the name of the shareholder, the name or title of the proxy holder,
whether the proxy is directed or undirected, the date and time of receipt
of the online proxy, and the internet protocol (IP) address from which
the proxy emanated.11
At the time of the annual general meeting, the plaintiff and Kym
Mining owned 88,500,612 shares in the defendant or approximately
33.14% of the issued share capital of the defendant.
At the annual general meeting, Mr Percy QC was re-elected and
the resolutions to appoint Mr Neuling, Mr Barton, and Mr O'Sullivan
were not carried. Following the annual general meeting, the defendant
lodged an announcement with the ASX. This announcement disclosed
the re-election of Mr Percy QC was passed on a poll.
109,739,697 votes were voted in favour of the resolution and
92,551,370 votes against. That is, the resolution was carried by
17,188,327 votes; and
202,291,067 shares were voted in relation to each of resolutions
4, 5 and 6 which equated to 75.76% of the total number of
issued shares in the defendant. 88,530,612 shares were voted in
favour of these resolutions and 113,592,794 shares against these
resolutions. That is, the resolutions failed by 25,062,182 votes.
The turnout at the annual general meeting for the year ending
30 June 2021 was significantly greater than at the annual general
meeting for the year ending 30 June 2020 (59,578,617 shares voted)
and the year ending 30 June 2019 (81,350,727 shares voted).13
On 24 March 2022, the plaintiff issued the s 249F Notice to the
10 First Barton affidavit , .
11 First Barton affidavit .
12 First Barton affidavit , 'JB13'.
13 First Barton affidavit .
14 First Barton affidavit 'JB20'.