Court Schedules Hearing for January 17 to Consider Propriety of Gold Fields' Purchases of Bolivar Gold Shares
January 11 2006 - 9:47PM
PR Newswire (US)
CUPERTINO, Calif., Jan. 11 /PRNewswire-FirstCall/ -- Scion Capital,
LLC announced today that the Ontario Superior Court has scheduled
hearings on the application filed by Scion Capital requesting a
ruling that Gold Fields Limited (NYSE:GFI) has violated Ontario
securities laws in its recent purchases of 5,186,000 shares of
Bolivar Gold Corp. (TSX: BGC). The application seeks an order,
among other things, prohibiting Gold Fields from voting these
improperly acquired shares at the January 12 meeting of Bolivar
securityholders to consider the proposed acquisition of Bolivar by
Gold Fields. "We are pleased that the court has ordered that, if
the 5,186,000 shares acquired by Gold Fields are material to
tomorrow's vote, the transaction may not proceed until the court
has considered whether Gold Fields violated the take-over bid
rules," said Michael Burry, Scion Capital's President. The court
scheduled the hearing for a date after tomorrow's vote without
prejudice to Scion. Therefore, although the matter will be heard
after the vote, the court could order to exclude Gold Fields' votes
and block the transaction. Further, Scion Capital sought and
obtained from the Supreme Court of Yukon Territory an extension,
until 4:00 p.m. Tuesday, January 17th, for the delivery of
materials challenging the fairness of the transaction. Meanwhile,
Scion has requested that the independent committee of Bolivar's
Board cause the company to postpone the meeting so that
shareholders can have more than the 26 hours they have been given
to consider the adequacy of Gold Fields' 6.7% increase to its
offer. Scion Capital's firm position is that the revised offer
remains undervalued and wholly inadequate. About Scion Capital
Based in Cupertino, California, Scion Capital, LLC is an investment
advisory firm founded in 2000, with current assets under management
in excess of US$750 million. Scion Capital seeks to make long-term
investments in companies it identifies as having value that has not
yet been recognized by the market. It employs a value-oriented
investment strategy across many public and private industries,
markets and investment opportunities. Scion Capital is Bolivar's
largest shareholder with holdings of 21,676,400 shares representing
approximately 19.14% of Bolivar's outstanding common shares. Scion
Capital's Dissident Circular is available at http://www.sedar.com/
and at http://www.scioncapital.com/. DATASOURCE: Scion Capital, LLC
CONTACT: investors, Steven A. Druskin, Chief Legal Officer of Scion
Capital, LLC, +1-408-441-8400; or media, John Lute of Lute &
Company, +1-416- 929-5883, for Scion Capital, LLC; or Mackenzie
Partners Inc., 1-800-322-2885, +1-212-929-5500, for Scion Capital,
LLC Web site: http://www.sedar.com/ Web site:
http://www.scioncapital.com/
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