Murray and Roberts And Aton GMBH and Others

The judgment

The court's own file

Wd competitiontribunal COMPETITION TRIBUNAL OF SOUTH AFRICA Case No.: IDTO79Jun18 Murray & Roberts Holdings Limited Applicant and Aton Holdings GmbH First Respondent Aton Austria Holdings GmbH Second Respondent The Competition Commission Third Respondent Panel 7 E Daniels (Presiding Member) ‘AW Wessels (Tribunal Member) M Mazwai (Tribunal Member) Heard on f 15 June 2018 Last Submission: 17 June 2018 Decided on F 18 June 2018 ORDER: APPLICATION FOR AN INTERDICT ‘The Competition Tribunal, having heard the parties makes the following order: 1. The First and Second Respondents’ preliminary application to dismiss the application for an interdict due to lack of urgency is dismissed. 2. For the purposes only of exercising their voting rights at the shareholders’ general ‘meeting of the Applicant which will take place on 19 June 2018 and which has been convened to consider an ordinary resolution, relating to the Applicant's proposed acquisition of Aveng Limited, to be tabled in accordance with section 126 of the Companies Act, 2008 (Act No. 71 of 2008) at that meeting, the First and Second Respondents or their agents are interdicted and restrained, as undertaken by the First and Second Respondents, from voting, or otherwise exercising any voting rights attached to, any shares in the ordinary issued share capital of the Applicant that in the calculation of their voting rights percentage, represent more than fifty per cent (50%) less one (1) vote of the votes cast in respect of that resolution. 3. No order is made as to costs. oa 18 June 2018 Presiding Member Date Mr E Daniels Concurring: Mr AW Wessels and Ms Mondo Mazwai