Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investment Commission v Perpetual Trustee Company
(Canberra) Ltd
[2000] FCA 1726
CONTRACT – construction of deed of indemnity of trustee
TRUSTS – where party is trustee of Trusts A and B whether indemnity taken from beneficiaries of Trust A on assumption of office should have been exercised for the benefit of Trust B in the circumstances of the case
Corporations Law s 1324(10) Real Property Ordinance 1925 (ACT) s 138A Stamp Duties and Taxes Act 1987 (ACT) s 4(1)
Taxation (Administration) Act 1987 (ACT) ss 26(2), 94
AUSTRALIAN SECURITIES AND INVESTMENT COMMISSION v PERPETUAL TRUSTEE COMPANY (CANBERRA) LIMITED ACN 008 393 806 AG 3003 OF 1997 GYLES J CANBERRA (by videolink) 29 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 3003 OF 1997
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
APPLICANT
AND: PERPETUAL TRUSTEE COMPANY (CANBERRA) LIMITED ACN 008 393 806
RESPONDENT AND: PERPETUAL TRUSTEE COMPANY (CANBERRA) LIMITED ACN 008 393 806
CROSS CLAIMANT AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
FIRST CROSS RESPONDENT
TERRENCE MARK SNOW and GEORGE ROBERT WARWICK SNOW
SECOND CROSS RESPONDENTS
STIRLING FINANCE CO PTY LIMITED
ACN 008 510 558 (Formerly Bass Investments (ACT) Pty Limited)
THIRD CROSS RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 29 NOVEMBER 2000
WHERE MADE: CANBERRA (by videolink)
THE COURT ORDERS THAT: 1. The application and the cross-claims be dismissed. 2. Costs reserved for argument.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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