Shareholders take BWIA to court

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Shareholders take BWIA to court
By Orion Ganase
T'dad Express

BWIA shareholders have taken the airline to court charging it with=20
misrepresenting its December 2000 Initial Public Offering (IPO) of shares.=
=20
The BWIA shareholders, led by plaintiff Demetra Romero, allege that the=20
airline=92s directors and senior executives ran the company in a way that=20
=93unfairly disregards the interests=94 of stock holders. The shareholders=
 are=20
seeking a refund of the money they invested to buy shares and/or a forensic=
=20
audit of BWIA=92s operations. They are also seeking:
=95Reviews of all contracts entered into by BWIA, its subsidiaries, partners=
=20
and affiliates.
=95Up to date management accounts of BWIA and its associates for the years=
=20
1995 to 2002, including details of all accounting items.

The shareholders=92s suit demands answers to a range of questions, including=
=20
the basis for setting the share price at  $7.85 in December 2000 which=20
dropped to $2.80 within six months and then to its current low of $2.25=20
They also want to know the airline=92s basis for promising a net profit of=
=20
US$9.2 million for 2001 in its prospectus. For the 2001 fiscal year the=20
airline posted a net loss of US$694,000.

Further:
=95Whether BWIA has borrowed money, how much, why, from whom and at what=20
rates of interest.
=95Why BWIA=92s Initial Public Offering in December 2000 was not=
 underwritten.
=95The meaning of a reported statement by BWIA chief executive officer=
 Conrad=20
Aleong that the reduction in share value was due to the imbalance of supply=
=20
and demand and the flooding of the market with shares by shareholders of=20
pre-1995.

Filed on December 30, 2002, the action was brought before the High Court at=
=20
the eleventh hour, just days short of the second anniversary of the IPO,=20
which was the deadline for legal challenges to the IPO under the Securities=
=20
Act.
BWIA entered an appearance into the matter on January 3 but are yet to file=
=20
any documents responding to the allegations. BWIA=92s Communications=
 Director=20
Clint WIlliams declined comment when contacted by the Express yesterday.=20
=93We prefer not to comment on something that is before the courts,=94 said=
=20
Williams.

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