GEN – General – Trustco Group Holdings Limited
GEN – General – Trustco Group Holdings Limited
Update in the JSE’s decision on its proactive monitoring review for Trustco Group Holdings
Limited (“Company” or “Trustco”) financial results.
We refer to the JSE’s SENS announcements of 14 July 2022, 8 August 2022 and
11 November 2022, which informed stakeholders that following the JSE's decision to
suspend the listing of the Trustco's securities ("the Suspension Decision"), the following
occurred:
1. On 13 July 2022, the Financial Services Tribunal ("the Tribunal") dismissed
Trustco’s application for a suspension of the Suspension Decision ("the Suspension
Application"), pending the outcome of its reconsideration application in respect of
the same decision ("the Suspension Reconsideration Application");
2. On the same date, Trustco indicated its intention to re-enrol its urgent application in
the High Court ("the Urgent Application") in which it asked for an interim interdict
against the enforcement of the following decisions pending a review thereof initiated
in the High Court ("the Review Application"):
2.1. the Suspension Decision;
2.2. the JSE's decision of 11 November 2020, in which the JSE, first, found that
Trustco did not comply with the Listings Requirements in relation to its Annual
Financial Statements for the year ended 31 March 2019 and interim results for
the 6 months ended 30 September 2019, and, second, directed Trustco to take
steps to rectify its non-compliance ("the JSE Decision"); and
2.3. the ruling of the Tribunal of 22 November 2021, which dismissed Trustco's
application for reconsideration of the JSE's Decision ("the Tribunal's Ruling");
3. On 28 July 2022, the Urgent Application was argued before the Honourable Judge
Janse van Nieuwenhuizen and her judgment was delivered on 8 August 2022, in
terms of which she ordered that the JSE is interdicted and restrained from
implementing the JSE Decision, the Tribunal's Ruling and the Suspension Decision
pending the outcome of the Review Application.
4. The Review Application was argued before the Honourable Judge Potterill on
7 September 2022 and her judgment was delivered on 11 November 2022, in terms
of which she dismissed the Review Application with costs. As a consequence, the
JSE suspended trading in the shares of Trustco on 11 November 2022.
2
The hearing of the Suspension Reconsideration Application took place before the Tribunal
on 21 October 2022. The Tribunal reserved its decision.
On 18 November 2022, the Tribunal delivered its ruling in the Suspension Reconsideration
Application, in terms of which it dismissed the application and directed Trustco to pay half
of the JSE's costs.
The Suspension Decision in terms of which the suspension of trading in the shares of
Trustco was implemented, on 11 November 2022, was accordingly upheld by the Tribunal
and remains in place.
18 November 2022
Date: 18-11-2022 02:59:00
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