Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Brookfield Multiplex Limited (ACN 008 687 063) v International Litigation Funding Partners Pte Ltd (No 2) [2009] FCAFC 182
BROOKFIELD MULTIPLEX LIMITED (ACN 008 687 063) and BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED (ACN 105 371 917) v INTERNATIONAL LITIGATION FUNDING PARTNERS PTE LTD, 2117980 ONTARIO INC, MAURICE BLACKBURN PTY LIMITED (ACN 105 657 949), P DAWSON NOMINEES PTY LIMITED (ACN 004 743 408) and FREDERICK HENRY HART
VID 374 of 2009
SUNDBERG, DOWSETT AND JACOBSON JJ
22 DECEMBER 2009
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 374 of 2009
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BROOKFIELD MULTIPLEX LIMITED (ACN 008 687 063)
First Appellant
BROOKFIELD MULTIPLEX FUNDS MANAGEMENT LIMITED (ACN 105 371 917)
Second Appellant
AND: INTERNATIONAL LITIGATION FUNDING PARTNERS PTE LTD
First Respondent
2117980 ONTARIO INC
Second Respondent
MAURICE BLACKBURN PTY LIMITED (ACN 105 657 949)
Third Respondent
P DAWSON NOMINEES PTY LIMITED (ACN 004 743 408)
Fourth Respondent
FREDERICK HENRY HART
Fifth Respondent
JUDGES: SUNDBERG, DOWSETT AND JACOBSON JJ
DATE OF ORDER: 22 DECEMBER 2009
WHERE MADE: MELBOURNE
THE COURT DECLARES THAT the arrangements between the first, second and third respondents on the one hand, and the fourth and fifth respondents and those persons described as Group Members in the further amended statement of claim on the other hand, which arrangements are as pleaded in paragraphs 13‑15, 20 and 35 of the said further amended statement of claim, constitute a managed investment scheme as defined in paragraph (a) of the definition of that term in section 9 of the Corporations Act 2001 (Cth), save to the extent that they are excluded therefrom by the terms of the Revocation, Declaration and Exemptions granted in writing by the Australian Securities and Investments Commission on 18 November 2009.
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