
Abercrombie files High Court challenge against regulators
Humm Group (ASX:HUM) founder and major shareholder Andrew Abercrombie has launched High Court proceedings, targeting the Takeovers Panel, the Australian Securities and Investments Commission, and debt buyer Credit Corp.
The legal offensive also names activist investor Jeremy Raper, marking an intensification of a battle that has gripped the financial sector.
At the heart of the dispute is a judicial review sought by Abercrombie to quash the Panel’s recent declaration of "unacceptable circumstances" regarding his $9.6 million acquisition of Humm shares.
The legal challenge arises from the Panel’s determination that the acquisition—and a subsequent bid by Credit Corp—involved misleading conduct.
The Panel noted a failure to disclose that an independent board committee would not be formed to oversee the proposal, despite such a committee being a fundamental condition of the bid.
Abercrombie is now demanding the written reasons behind these findings, asserting that the regulatory intervention was flawed.
The founder is mounting a constitutional challenge against the Panel’s power. He seeks a declaration that the voting restriction orders imposed in April are invalid, questioning whether the Panel possesses the legal authority to disenfranchise shareholders in this manner.
As the matter moves to the High Court, the outcome could have profound implications for the regulatory reach of the Takeovers Panel and the balance of power between activist shareholders and company founders in Australia’s corporate landscape.
At the time of reporting, Humm Group’s share price was $0.64.