The following has been submitted to the Australian Stock Exchange today.
Form 604
Corporations Act 2001
Section 671B
Notice of change of interests of substantial holder
To Company Name/Scheme Phosphagenics Limited
ACN/ARSN 056 482 403
1. Details of substantial holder (1)
Name Simon West
ACN/ARSN (if applicable)
There was a change in the interests of the
substantial holder on 28/08/06
The previous notice was given to the company on 14/11/05
The previous notice was dated 14/11/05
2. Previous and present voting power
The total number of votes attached to all the voting shares in the company or
voting interests in the scheme that the substantial holder or an associate (2)
had a
relevant interest (3) in when last required, and when now required, to give a
substantial holding notice to the company or scheme, are as follows:
Class of securities (4) Previous notice Present notice
Person's votes Voting power Person's Voting
(5) votes power (5)
Refer to Annexure A
3. Changes in relevant interests
Particulars of each change in, or change in the nature of, a relevant interest
of the substantial holder or an associate in voting securities of the company
or
scheme, since the substantial holder was last required to give a substantial
holding notice to the company or scheme are as follows:
Date of Person whose Nature of Consideration Class and Person's
votes
change relevant change (6) given in number of
interest relation affected
securities
changed to change (7)
affected
Refer
Annexure A
4. Present relevant interests
Particulars of each relevant interest of the substantial holder in voting
securities after the change are as follows:
Holder of Registered Person Nature of Class and Person's
entitled votes
relevant holder of relevant number of
to be
interest securities registered interest (6) securities
as holder
(8)
Refer
Annexure A
5. Changes in association
The persons who have become associates (2) of, ceased to be associates of, or
have changed the nature of their association (9) with, the substantial holder
in
relation to voting interests in the company or scheme are as follows:
Name and ACN/ Nature of association
ARSN (if
applicable)
Refer Annexure A
6. Addresses
The addresses of persons named in this form are as follows:
Name Address
Annexure A
Signature
print name Simon West capacity SELF
sign here date
DIRECTIONS
(1) If there are a number of substantial holders with similar or
related relevant interests (eg. a corporation and its related
corporations, or the manager and trustee of an equity trust), the
names could be included in an annexure to the form. If the
relevant interests of a group of persons are essentially similar,
they may be referred to throughout the form as a specifically
named group if the membership of each group, with the names and
addresses of members is clearly set out in paragraph 6 of the
form.
(2) See the definition of "associate" in section 9 of the Corporations
Act 2001.
(3) See the definition of "relevant interest" in sections 608 and 671B
(7) of the Corporations Act 2001.
(4) The voting shares of a company constitute one class unless divided
into separate classes.
(5) The person's votes divided by the total votes in the body
corporate or scheme multiplied by 100.
(6) Include details of:
(a) any relevant agreement or other circumstances because of which
the change in relevant interest occurred. If subsection 671B(4)
applies, a copyof any document setting out the terms of any
relevant agreement, and a statement by the person giving full and
accurate details of any contract, scheme or arrangement, must
accompany this form, together with a written statement certifying
this contract, scheme or arrangement; and
(b) any qualification of the power of a person to exercise, control
the exercise of, or influence the exercise of, the voting powers
or disposal of the securities to which the relevant interest
relates (indicating clearly the particular securities to which
the qualification applies).
See the definition of "relevant agreement" in section 9 of the Corporations Act
2001.
(7) Details of the consideration must include any and all benefits,
money and other, that any person from whom a relevant interest was
acquired has, or may,become entitled to receive in relation to
that acquisition. Details must be included even if the benefit is
conditional on the happening or not of a contingency. Details must
be included on any benefit paid on behalf of the substantial
holder or its associate in relation to the acquisitions, even if
they are not paid directly to the person from whom the relevant
interest was acquired.
(8) If the substantial holder is unable to determine the identity of
the person (eg. if the relevant interest arises because of an
option) write "unknown'".
(9) Give details, if appropriate, of the present association and any
change in that association since the last substantial holding
notice.
This is the Annexure A of two pages referred to in the form 604 (Notice of
Substantial Shareholding) and dated the date of signing
SIMON WEST
7 Sept 2006
Details of Entitlements and Registered Holdings of Ordinary Shares:
Form 604 Form 604
01/09/06 16/11/05
1.0 Entitlement Holder:
1. Simon West 52,989,148 61,367,143
Verdon Street
Williamstown Vic 3018
Total Entitlement: 52,989,143 61,367,143
2.0 Held in the following names:
2.1 Self: Nil
2.2 Jorga Nominees Limited 52,989,143 61,171,143
Suite 4, 40 St Kilda Rd
St Kilda, Vic 3004
2.3 Simon & Bohdanna West 378,000 196,000
<West Super Fund A/c>
C/o Alex Ruben & Co
4/40 St Kilda Road
St Kilda, Vic 3182
2.4 Total Entitlement of Simon M West 53,367,143 61,367,143
3.0 Issue voting shares of Phosphagenics Limited 546,769,956 546,578,476
4.0 Percentage entitlement 9.76% 11.22%
5.0 Movement of Entitlements:
5.1 Self balance held: nil
5.2 Jorga Nominees Pty Ltd 52,989,143
Balance form 604, 16/11/05
Dosposals (2,000,000)
16/11/05 to 16/03/06 on-market
Since 16/03/06
27/03/06 - Off market at nil consideration (2,000,000)
28/06/06 - Transfer to West Super Fund A/c (182,000)
28/08/06 - on-market @ 37 cents a share (4,000,000)
Balance, form 604, 28/08/06 52,989,143
5.3 Simon & Bohdanna West
<West Super Fund A/c>
C/o Alex Ruben & Co
4/40 St Kilda Road
St Kilda, Vic 3182
Opening Balance, Form 604, 16/11/05 196,000
28/06/06 - Transfer from Jorga nominees Pty Ltd 182,000
Closing Balance, Form 604, 28/08/06 378,000
6.0 Comments
Dr West is entitled to the above securities for the following reason:
6.1 Dr West is a director and the holder of an entitlement to in excel of 20
per cent of the issued capital of Jorga Nominees Pty Ltd
Jorga Nominees Pty Ltd act as the Trustee for the S M West Family Trust which
is a discretionary trust and which has the beneficial entitlement to the
52,989,143 ordinary fully paid Phosphagenics Limited shares registered in the
name of Jorga Nominees Pty Ltd
Jorga Nominees Pty Ltd in its capacity as trustee for the S M West Family Trust
manages and advises on the Trust's investments.
As such Dr West as a Director of the trustee company has the ability to vote
the above shares and may have entitlement under the terms of the discretionary
trust.
6.2 Dr West is a beneficiary under the West Super Fund and as such may have
entitlement to the 378,000 ordinary fully paid Phosphagenics Limited Shares
registered in the name of Simon & Bohdanna West <West Super Fund A/c>
END
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