Gold Fields welcomes decision by South African Hig
Gold Fields - Gold Fields welcomes decision by South African High Court
Gold Fields Limited
(Incorporated in the Republic of South Africa)
Registration number: 1968/004880/06
JSE code: GFI ISIN: ZAE000018123
(`Gold Fields`)
MEDIA RELEASE
GOLD FIELDS WELCOMES DECISION BY SOUTH AFRICAN HIGH COURT
Johannesburg, 6 December, 2004. The Board of Directors of Gold Fields Limited
(GFI: NYSE and JSE) welcomes today`s decision by the High Court of South Africa
in respect of its ability to vote ordinary shares underlying the American
Depository Shares (ADSs) for which no voting instructions have been received by
the Bank of New York (`BoNY`).
The Court`s favourable ruling today, means that Gold Fields is fully entitled to
vote the ordinary shares underlying any ADSs for which no voting instructions
had been received by BoNY at the Gold Fields Extraordinary General Meeting on
7th December.
Gold Fields notes that Harmony Gold Mining Limited also had failed last week in
a related application in the United States District Court for the Southern
District of New York to gain a temporary restraining order and a preliminary
injunction to prevent BoNY from issuing Gold Fields with a discretionary proxy,
covering its ADSs.
Gold Fields` Chief Executive Officer Ian Cockerill stated, `Today`s decision in
South Africa is in line with international practice, and it removes any vestige
of doubt about the propriety of voting on behalf of our ADS holders who have not
returned proxy votes. Our proxy forms state clearly that this is the procedure
- as it is for most companies with American Depositary Shares on issue, and our
ADS holders fully expect us to follow it.`
ends
Important information:
The directors of Gold Fields accept responsibility for the information contained
in this document. To the best of their knowledge and belief (having taken all
reasonable care to ensure that such is the case) the information contained in
this document is in accordance with the facts and does not omit anything likely
to affect the import of such information.
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illegal to make this document available and persons receiving this document
(including custodians, nominees and trustees) must not distribute, forward,
mail, transmit or send it in or into or from Australia, Canada, Japan, the
Republic of Ireland or any such other jurisdiction.
Date: 06/12/2004 04:24:02 PM Produced by the JSE SENS Department
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