Top End Minerals : Price query from ASX – 01/13/2016

dfc077e4-0777-48f6-8ad3-eedcd639c540.pdf

12 January 2016

Mr. J Johansson

ASX Compliance Pty Ltd Level 4

Rialto North Tower 525 Collins Street

MELBOURNE VIC 3000

Dear John

I refer to your letter of 12 January 2016 and advise as follows:

1. The Company is not aware of any information concerning it that has not been announced to the market which, if known by some in the market, could explain the recent trading in the securities.

   
   

2. N/A

   
   

3. The Company has no explanation for the recent trading in its securities.

   
   

4. The Company confirms it is in compliance with the listing rules and in particular Listing Rule 3.1.

   
   

   If you require any further information, please do not hesitate to contact me. Yours faithfully,

   PETER LEE

   Director, Chief Financial Officer and Company Secretary

   
   

   Level 8, 580 St Kilda Road, Melbourne VIC 3004

   PO Box 6315, St Kilda Road Central, Melbourne VIC 8008

   T: [phone] F: [phone]

   W: www.topendminerals.com E: [e-mail]

   
   

   12 January 2016

   
   

   Mr. Peter James Lee Company Secretary

   Top End Minerals Limited Level 8, 580 St Kilda Road

   Melbourne VIC 3004

   By email: [e-mail] Dear Peter,

   
   

   Top End Minerals Limited: ASX price query

   
   

   We have noted a change in the price of the Entity's securities from 2.4c on 30 December 2015 to 4.5c today, 12 January 2016.

   We also note an increase in the trading volume of the Entity's securities

   
   

   In light of the price and volume increase ASX asks you to respond separately to each of the following questions:

5. Is the Entity aware of any information concerning it that has not been announced to the market which, if known by some in the market, could explain the recent trading in its securities?

   
   

   In responding to this question, please consider in particular whether the Entity is aware of any information that its earnings for the 12 month period ending on 30 June 2016:

6. are likely to differ materially (downwards or upwards) from any earnings guidance it has given for the period; or

7. if the Entity has not given any earnings guidance for the period, are otherwise likely to come as a surprise to the market (by reference to analyst forecasts for the period or, if the Entity is not covered by analysts, its earnings for the prior corresponding period)?

8. If the answer to question 1 is "yes":

9. Is the Entity relying on Listing Rule 3.1A not to announce that information under Listing Rule 3.1?

   
   

   Please note that the recent trading in the Entity's securities would suggest to ASX that such information may have ceased to be confidential and therefore the Entity may no longer be able to rely on Listing Rule 3.1A. Accordingly, if the answer to this question is "yes", you need to contact us immediately to discuss the situation.

   
   

   ASX Compliance Pty Limited

   ABN 26 087 780 489

   Level 4, North Tower, Rialto 525 Collins Street

   Melbourne VIC 3000

   www.asx.com.au Customer service 13 12 79

   03 9617 8770

   [e-mail]

   
   

10. Can an announcement be made immediately?

    
    

    Please note, if the answer to this question is "no", you need to contact us immediately to discuss requesting a trading halt (see below).

11. If an announcement cannot be made immediately, why not and when is it expected that an announcemant will be made?

12. If the answer to question 1 is "no", is there any other explanation that the Entity may have for the recent trading in its securities?

13. Please confirm that the Entity is in compliance with the Listing Rules and, in particular, Listing Rule 3.1.




When and where to send your response




This request is made under, and in accordance with, Listing Rule 18.7. Your response is required as soon as reasonably possible and, in any event, by not later than half an hour before the start of trading (ie before

9.30 a.m. AEDT on 13 January 2016. If we do not have your response by then, ASX will have no choice but to consider suspending trading in the Entity's securities under Listing Rule 17.3.

You should note that if the information requested by this letter is information required to be given to ASX under Listing Rule 3.1 and it does not fall within the exceptions mentioned in Listing Rule 3.1A, the Entity's obligation is to disclose the information "immediately". This may require the information to be disclosed before the deadline set out in the previous paragraph.

ASX reserves the right to release a copy of this letter and your response on the ASX Market Announcements Platform under Listing Rule 18.7A. Accordingly, your response should be in a form suitable for release to the market.

Your response should be sent to me by e-mail at [e-mail]. It should not be sent directly to the ASX Market Announcements Office. This is to allow me to review your response to confirm that it is in a form appropriate for release to the market, before it is published on the ASX Market Announcements Platform.

Listing Rule 3.1




Listing Rule 3.1 requires a listed entity to give ASX immediately any information concerning it that a reasonable person would expect to have a material effect on the price or value of the entity's securities. Exceptions to this requirement are set out in Listing Rule 3.1A.

The obligation of the Entity to disclose information under Listing Rules 3.1 and 3.1A is not confined to, nor is it necessarily satisfied by, answering the questions set out in this letter.




In responding to this letter, you should have regard to the Entity's obligations under Listing Rules 3.1 and 3.1A and also to Guidance Note 8 Continuous Disclosure: Listing Rules 3.1 - 3.1B.

Trading halt




If you are unable to respond to this letter by the time specified above, or if the answer to question 1 is "yes" and an announcement cannot be made immediately, you should discuss with us whether it is appropriate to request a trading halt in the Entity's securities under Listing Rule 17.1.

If you wish a trading halt, you must tell us:

• the reasons for the trading halt;

• how long you want the trading halt to last;

• the event you expect to happen that will end the trading halt;

• that you are not aware of any reason why the trading halt should not be granted; and

• any other information necessary to inform the market about the trading halt, or that we ask for.




We may require the request for a trading halt to be in writing. The trading halt cannot extend past the commencement of normal trading on the second day after the day on which it is granted.

You can find further information about trading halts in Guidance Note 16 Trading Halts & Voluntary Suspensions.

If you have any queries or concerns about any of the above, please contact me immediately.




Yours sincerely




[Sent electronically without signature]




John Johansson

Adviser, Listings Compliance (Melbourne)