Fountainhead on March 28 terminated talks with Growthpoint on the basis that Redefine Properties - which holds a 45.6% stake in the trust - would vote against any resolutions or ballot of unitholders to approve Growthpoint’s proposal.

“To this end‚ Growthpoint has requested a formal ruling from the JSE that Redefine be precluded from voting on all resolutions‚ including the vote required to amend the Trust Deed‚ and is awaiting the JSE’s response‚” Growthpoint said on Wednesday.

Redefine had been involved in a tussle with Growthpoint to acquire the trust’s assets‚ before pulling out of the battle on March 11‚ citing "no resolution in sight"‚ and the negative effect it was having on its ability to run Fountainhead’s business due to delays and uncertainty.

Growthpoint on February 21 increased its offer for Fountainhead assets to 37 Growthpoint linked units per 100 Fountainhead units‚ equating to a further R605m to that of its initial offer. The second offer was at a premium of 12.8% to the closing price of Fountainhead and a premium of 8.6% or R857m to the Redefine second offer.