Not a corporate lawyer, but Magnum's assertions sound accurate and their recommendations fair.
I should also note that even if there are no laws forbidding what the AQO directors have done, the Takeover Panel has the power to determine whether the spirit of the Corporations Act, which seeks to ensure fair treatment of all shareholders, has been contravened.
Easiest way for DLS to make this court challenge redundant is to increase their bid to a price where Magnum withdraw .
Bet still have to wait to hear whether the case will be heard by the panel at all. I can't see any reason why it wouldn't. If it doesn't you'd have to ask why it exists at all.
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