Sydney - Friday - December 6: (RWE) - Coles Myer Ltd today said...

Sydney - Friday - December 6: (RWE) - Coles Myer Ltd today said
chairman Mr Rick Allert had exercised his discretionary power to admit
proxy votes submitted by Mr Solomon Lew after the closure of the poll.
This means Mr Mark Leibler has been re-elected as a director.
Mr Allert said he had received legal advice that it was within
his power to include or exclude the late proxy votes in Mr Leibler's
favour and this would not affect the efficacy of the annual meeting.
"Any legal challenge to the outcome of the poll based on the
admission of the late proxies would only relate to Mr Leibler's standing
as a director.
"I am advised that I am entitled to admit the votes
notwithstanding that it is questionable that Mr Lew's failure to lodge
the votes before the poll closed was inadvertent.
"I have decided to admit the votes to ensure that proper effect
is given to the will of those shareholders who gave to Mr Lew their
proxies to vote in favour of Mr Leibler's election.
"Without these proxies being counted, Mr Leibler would not be
re-elected.
"In reaching my decision, I have been keen to achieve certainty
for the company, as well as to reflect the voting intentions of our
shareholders.
"With this issue resolved, the poll can now be declared," Mr
Allert said.
Coles Myer fell 7c to $6.37.
ENDS