Reported by Dow Jones Newswires, the source was a person “familiar with the situation” who said the application to the panel was one of the few options available to Noble.

As a 21.7% shareholder of Gloucester, Noble has already voiced concern the proposed merger structure did not allow the company’s shareholders a vote on whether or not the merger should go ahead.

The proposed merger between Gloucester and Whitehaven will create a company with a market capitalisation of $A900 million, placing it fourth in a line-up of its Australian coal peers, below Coal & Allied, New Hope Corporation and Felix Resources.

The deal is subject to 80% Whitehaven shareholder approval and clearance by the Foreign Investment Review Board due to Hong Kong-based Noble’s 21.7% foreign ownership of Gloucester.

Yesterday Gloucester confirmed a company shareholder vote was not required for the proposed merger.

Back in 2007, Noble and private mining group AMCI used their stakes to vote down a takeover offer by Xstrata Coal, despite the wishes of Gloucester’s board.

The Takeovers Panel, established under the Australian Securities and Investments Commission Act, can block a takeover if it declares it has unacceptable circumstances.