Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpac Banking Corporation (ABN 33 007 457 141) [2004] FCA 1792 WESTPAC BANKING CORPORATION (ABN 33 007 457 141) NSD1854 OF 2004 EMMETT J 14 DECEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD1854 OF 2004
BETWEEN: WESTPAC BANKING CORPORATION (ABN 33 007 457 141)
FIRST PLAINTIFF
WESTPAC LIFE INSURANCE SERVICES LIMITED
(ABN 31 003 149 157)
SECOND PLAINTIFF
BT LIFE LIMITED (ABN 29 003 773 680)
THIRD PLAINTIFF
BT FUNDS MANAGEMENT LIMITED (ABN 63 002 916 458)
FOURTH PLAINTIFF
BT FUNDS MANAGEMENT NO. 2 LIMITED
(ABN 22 000 727 659)
FIFTH PLAINTIFF
WESTPAC FINANCIAL SERVICES LIMITED
(ABN 20 000 241 127)
SIXTH PLAINTIFF
WESTPAC CUSTODIAN NOMINEES LIMITED
(ABN 18 002 861 565)
SEVENTH PLAINTIFF
JUDGE: EMMETT J
DATE OF ORDER: 17 DECEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: THE COURT ORDERS THAT: 1. Pursuant to section 1322(4) of the Corporations Act 2001 (Cth), the issue or transfer of shares or units of shares of the First Plaintiff to, or in trust for: (a) the statutory funds of Westpac Life Insurance Services Limited ACN 003 149 157 and BT Life Limited ACN 003 773 680 which carry on the life insurance business of providing investment linked benefits (see subsection 31(b) of the Life Insurance Act 1995 (Cth)), including the shareholders retained profits accounts of those statutory funds; and (b) any controlled entity of the First Plaintiff which is a trustee of a superannuation fund regulated under the Superannuation Industry (Supervision) Act 1993 (Cth); and (c) any managed investment scheme which has an entity controlled by the First Plaintiff as a trustee or responsible entity; (but excluding any issue or transfer of shares or units of shares of the First Plaintiff to, or in trust for, any portion of a shareholder retained profits account of any of its statutory funds which is in excess of solvency requirements) which occurred in the period from 22 August 2002 to 11 December 2004 were not invalid by reason of the operation of section 259C of the Corporations Act 2001 (Cth). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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