Sky City Entertainment Group responds to ASX Query
2008-11-19 10:21:00+10:00
Sky City Entertainment Group [ASX:SKC] has responded to a query from the Australian Stock Exchange making a formal announcement 'Response to ASX Query - Directors` Interest Notices' published on Wednesday 19 November 2008. The announcement 'Response to ASX Query - Directors` Interest Notices' was issued to the ASX on Wednesday 19 November 2008. [Notice Type: ASX Query Response]

Response to ASX Query - Directors` Interest Notices
Wednesday 19 Nov 2008

19 November 2008 Ms Stephanie Yong Australian Securities Exchange 20 Bridge Street Sydney, NSW 1215 AUSTRALIA Dear Ms Yong APPENDIX 3Z – FINAL DIRECTOR’S INTEREST NOTICE We refer to your letter of 17 November 2008. We acknowledge that Appendix 3Z documents in respect of the notifiable interests of Ms Reddy and Mr Trotter as that date of their cessation as directors of SKYCITY Entertainment Group Limited were filed on 13 November 2008. According to ASX LR3.19A.3, such appendicies should have been lodged on or before 10 November, and were therefore lodged 3 business days late. The late filing was the result of an oversight by an employee responsible for ensuring lodgement of Appendicies 3X, 3Y and 3Z in accordance with the ASX Listing Rules. The obligation to file an Appendix 3Z on the retirement of a director is well understood, as is the timetable under the Listing Rules. In this case, as a result of human error, the Appendix 3Zs were not lodged by the date required. No question of a failure by directors to provide information to the company to enable the required Appendicies to be filed by the date required under the Listing Rules is involved in this case. All information necessary to lodge the Appendicies was held by the company. Accordingly no question of a breach of LR 3.19B arises. SKYCITY has complied, and continues to comply, with its obligations to lodge an Appendix 3Y following a change in any director’s notifiable interests. Directors are required to obtain approval from the Company Secretary before trading in the company’s securities, and to disclose details of any trading immediately after it is completed. SKYCITY’s share registrar also monitors transactions on the company’s share register involving directors and associated persons. SKYCITY does not consider any additional steps are required to ensure its compliance with LR3.19B. We have clarified internal responsibility for lodgment of Appendix 3X, 3Y and 3Z documents, and reinforced the inclusion of the requirement to lodge an Appendix 3Z, and the timetable for such lodgement, in the checklist of matters required to be completed by designated employees on the retirement of a director. We note that, while in no way seeking to excuse the failure to comply with the requirements of the Listing Rules, the market was not misled and no information concerning transactions undertaken by directors was not available at the time it should have been, as a result of the delay in lodging the Appendix 3Z documents. Yours faithfully

Peter Treacy General Counsel and Company Secretary

ASX Markets Supervision Pty Ltd ABN 26 087 780 489 20 Bridge Street Sydney NSW 2000 PO Box H224 Australia Square NSW 1215 Telephone 61 2 9227 0602 Facsimile 61 2 9241 7620 www.asx.com.au

17 November 2008 Peter Treacy General Counsel/ Company Secretary SKYCITY Entertainment Group Limited 86 Federal Street Federal House Auckland New Zealand 1001

Dear Peter, SKYCITY Entertainment Group Limited (the “Company”) Appendix 3Z – Final Director’s Interest Notice We refer to the following: 1. 2. 3. The announcement lodged by the Company with ASX Limited (“ASX”) on 12 September 2008 regarding the retirement of Ms. Patricia Reddy and Mr. William Trotter as directors of the Company; The Appendices 3Z lodged by the Company with ASX on 13 November 2008 for Ms. Reddy and Mr. Trotter (the “Appendices”); Listing rule 3.19A which requires an entity to tell ASX the following: 3.19A.1 The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the following times. • On the date that the entity is admitted to the official list. • On the date that a director is appointed. The entity must complete Appendix 3X and give it to ASX no more than 5 business days after the entity’s admission or a director’s appointment. A change to a notifiable interest of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust). The entity must complete Appendix 3Y and give it to ASX no more than 5 business days after the change occurs. The notifiable interests of a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) at the date that the director ceases to be a director. The entity must complete Appendix 3Z and give it to ASX no more than 5 business days after the director ceases to be a director.

3.19A.2

3.19A.3

4.

Listing rule 3.19B which states as follows. An entity must make such arrangements as are necessary with a director of the entity (or in the case of a trust, a director of the responsible entity of the trust) to ensure that the director discloses to the entity all the information required by the entity to give ASX completed Appendices 3X, 3Y and 3Z within the time period allowed by listing rule 3.19.A. The entity must enforce the arrangements with the director.

5.

The Companies Update dated 27 June 2008, reminding listed entities of their obligation to notify ASX within 5 business days of the notifiable interests in securities held by each director and outlining the action that ASX would take in relation to breaches of listings rules 3.19A and 3.19B.

As the Appendices 3Z indicated that Ms. Reddy and Mr. Trotter ceased to be directors on 31 October 2008, it appears that the Appendices should have been lodged with ASX by 10 November 2008. As the Appendices were lodged on 13 November 2008, it appears that the Company may be in breach of listing rules 3.19A and/or 3.19B. Please note that ASX is required to record details of breaches of the listing rules by listed companies for its reporting requirements. ASX reminds the Company of its contract with ASX to comply with ...