Gold Fields Welcomes Decision by South African High Court
December 06 2004 - 9:48AM
PR Newswire (US)
Gold Fields Welcomes Decision by South African High Court
JOHANNESBURG, South Africa, December 6 /PRNewswire-FirstCall/ --
The Board of Directors of Gold Fields Limited
(NYSE:GFINYSE:andNYSE:JSE:NYSE:GFI) welcomes today's decision by
the High Court of South Africa in respect of its ability to vote
ordinary shares underlying the American Depository Shares (ADSs)
for which no voting instructions have been received by the Bank of
New York ("BoNY"). The Court's favourable ruling today, means that
Gold Fields is fully entitled to vote the ordinary shares
underlying any ADSs for which no voting instructions had been
received by BoNY at the Gold Fields Extraordinary General Meeting
on 7th December. Gold Fields notes that Harmony Gold Mining Limited
also had failed last week in a related application in the United
States District Court for the Southern District of New York to gain
a temporary restraining order and a preliminary injunction to
prevent BoNY from issuing Gold Fields with a discretionary proxy,
covering its ADSs. Gold Fields' Chief Executive Officer Ian
Cockerill stated, "Today's decision in South Africa is in line with
international practice, and it removes any vestige of doubt about
the propriety of voting on behalf of our ADS holders who have not
returned proxy votes. Our proxy forms state clearly that this is
the procedure - as it is for most companies with American
Depositary Shares on issue, and our ADS holders fully expect us to
follow it." Important information: The directors of Gold Fields
accept responsibility for the information contained in this
document. To the best of their knowledge and belief (having taken
all reasonable care to ensure that such is the case) the
information contained in this document is in accordance with the
facts and does not omit anything likely to affect the import of
such information. Copies of this document are not being made
available, and must not be mailed, forwarded, transmitted or
otherwise distributed or sent in or into Australia, Canada, Japan,
the Republic of Ireland or any other jurisdiction in which it is
illegal to make this document available and persons receiving this
document (including custodians, nominees and trustees) must not
distribute, forward, mail, transmit or send it in or into or from
Australia, Canada, Japan, the Republic of Ireland or any such other
jurisdiction. DATASOURCE: Gold Fields Limited CONTACT: Enquires:
Gold Fields Limited, South Africa - Willie Jacobsz, Tel:
+27-11-644-2460, Fax: +27-11-484-0639. North America - Cheryl A
Martin, Tel: +1-303-796-8683, Fax: +1-303-796-8293
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