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PHARMX TECHNOLOGIES LIMITED — Legal Proceedings Report 2021
May 13, 2021
65560_rns_2021-05-13_ed78b8e1-ee64-4f6f-956a-7ce48038c8ea.pdf
Legal Proceedings Report
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Corum Group Limited ABN 25 000 091 305 Level 3, 120 Sussex Street, Sydney NSW 2000 www.corumgroup.com.au Legal/73633702_1
Market Release
14 May 2021
Update on Legal Proceedings relating to PharmX
Corum Group Limited ( Corum ) (ASX:COO) provides the following update on legal proceedings relating to group member PharmX Pty Ltd ( PharmX ). PharmX is a wholly owned subsidiary of Corum Systems Pty Ltd ( Corum Systems ), which is a wholly owned subsidiary of Corum .
The legal proceedings originally commenced in the Supreme Court of Victoria (the VSC ), as reported in the 2019 Annual Report, have now been concluded. PharmX had agreed to pay the costs of Fred IT Group Pty Ltd ( Fred ), as agreed or assessed, in respect of part of those proceedings. In finalising those proceedings, PharmX was ordered to pay interest of approximately $73,500 to Fred. That payment has now been made.
Separate legal proceedings subsequently commenced by Corum Systems Pty Ltd ( Corum Systems ) against Fred in the VSC (see the Market Release dated 26 May 2020) are now being progressed. In those proceedings, Corum Systems claims that:
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following the change of control of Fred in 2013, Fred continued to receive distributions from PharmX to which it was not entitled; and
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the price payable to acquire Fred’s PharmX securities should have been the lower price calculated by reference to the 2013 change of control, rather than as at the 2020 acquisition.
When Daleflag Pty Limited and Mountaintop Systems Pty Limited sold their PharmX securities to Corum Systems (see the Market Release dated 1 September 2020), each of the sellers assigned to Corum Systems the right to pursue these claims against Fred in their place (in conjunction with Corum Systems’ own corresponding claims). The proceedings therefore now embrace the claims of all three parties against Fred.
Fred is defending these proceedings.
Those proceedings are at an early stage. Accordingly, Corum Systems does not anticipate that there will be a final hearing in these proceedings until late 2021 or early 2022.
Finally, Fred recently commenced new proceedings against PharmX, in which Fred claims that it is entitled to a share of the distributions from PharmX in respect of the FY20 year. Fred ceased to be a securityholder in PharmX part way through that year.
PharmX considers that Fred’s claims in these new proceedings are weak, and will defend these new proceedings vigorously.
Again, these new proceedings are at an early stage. The likely timing for a final hearing in these proceedings is not currently known.
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This notice has been authorised for release to the ASX by the Board of the Company.
For further information, please contact: Nick England Chairman [email protected]
About Corum Group
Corum Group Limited [ASX:COO] (Corum) is an Australian company limited by shares that owns businesses in technology and software development.
For more than 30 years Corum has been using its deep industry expertise and extensive relationships to develop Point-Of-Sale, Dispensing and Management software for pharmacy head offices and retail stores and a range of eCommerce and ordering solutions throughout Australia.
Corum is determined to offer the best solutions to its customers through the products, services and processes of each of its businesses.
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