In April 2012 the Supreme Court of Western Australia froze Bayan's stake in KRL (1,925,000,000 shares representing a 56.05% majority) which back then traded at $0.12 per share (so totaling to $231m) to secure WEC's potential damage claims against Bayan for which the court found WEC (or rather their Singaporean subsidiary, BCBC Singapore Pte Ltd) had a good arguable case. Hence the court determined that the extent of damage would likely equal or exceed $231m.
Today KRL trades at half the price ($0.06 per share) so the frozen 56.05% stake is only worth $115.5m and hence can only cover half the amount of damages assumed by the Supreme Court of Western Australia.
So guess what would happen if Bayan now acquired more KRL shares - of course they would get frozen immediately to compensate the loss in value of the already frozen shares as the assumed damages still equal or exceed $231m.
That said I believe Bayan would not consider for a second to increase their share in KRL if there wasn't a potential resolution for the legal dispute with WEC - be it amicable or in court.
Obviously Bayan's potential takeover of KRL is closely tied to and dependent on the litigation in Singapore.
An elegant, cashless resolution for the Tabang dispute would be a compensation in kind as part of which WEC would receive either Bayan or KRL shares. Such settlement could go even further and include WEC's IP (the BCB technology) or the entire company so WEC or at least their technology would be acquired by Bayan (who with or without KRL own plenty of subbituminous coal deposits) and WEC shareholders would end up with shares in Bayan. This could unlock a lot of value for all parties once Bayan finally started upgrading their low rank coal by applying the BCB technology.
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Open | High | Low | Value | Volume |
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Buyers (Bids)
No. | Vol. | Price($) |
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Price($) | Vol. | No. |
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No. | Vol. | Price($) |
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1 | 495464 | 0.090 |
1 | 3936 | 0.085 |
1 | 296201 | 0.080 |
2 | 666600 | 0.079 |
Price($) | Vol. | No. |
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0.105 | 46373 | 2 |
0.120 | 100000 | 1 |
0.130 | 500000 | 1 |
0.140 | 48559 | 3 |
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