Augusta Capital has been granted a date in February next year for its High Court proceedings seeking orders requiring listed property investor NPT to call a meeting of shareholders to discuss its hostile bid.
The hearing date has been set for February 10, NPT said in a statement in which chairman John Anderson describes the legal proceedings as "an unfortunate distraction."
Augusta is attempting to oust Anderson and directors Jim Sherwin and Tony Sewell, replacing them with its own chairman Paul Duffy and independents Bruce Cotterill and Allen Bollard.
It's seeking a shareholder meeting to vote on the board and use the forum to propose buying three buildings worth $329 million so Augusta could buy the management contract.
Anderson said the board had already recommended a shareholder meeting could be held in February, allowing enough time for a review of four proposals, including Augusta's.