Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HP Mercantile Pty Limited v Tumut River Orchard Management Limited (In Liquidation) [2011] FCA 200 Citation: HP Mercantile Pty Limited v Tumut River Orchard Management Limited (In Liquidation) [2011] FCA 200
Parties: HP MERCANTILE PTY LIMITED ACN 097 362 877 v TUMUT RIVER ORCHARD MANAGEMENT LIMITED (IN LIQUIDATION) ACN 003 501 611, NICHOLAS JAMES DAVID CROUCH IN HIS CAPACITY AS LIQUIDATOR OF TUMUT RIVER ORCHARD MANAGEMENT LIMITED (IN LIQUIDATION) ACN 003 501 611, MERILBAH PTY LIMITED (IN LIQUIDATION) ACN 002 979 893, NICHOLAS JAMES DAVID CROUCH AND SHABNAM AMIRBEAGGI IN THEIR CAPACITY AS JOINT LIQUIDATORS OF MERILBAH INVESTMENTS PTY LIMITED (IN LIQUIDATION) ACN 002 979 893, NICHOLAS JAMES DAVID CROUCH AND SHABNAM AMIRBEAGGI
File number(s): NSD 1267 of 2009
Judge: EMMETT J
Date of judgment: 10 March 2011
Catchwords: CORPORATIONS – managed investment schemes as regulated by Chapter 5C of the Corporations Act – whether defendants are or were operating an unregistered managed investment scheme in contravention of the Corporations Act – where alleged unregistered managed investment scheme concerned the funding of investigations and possible litigation for the purpose of challenging the validity of certain debts purportedly assigned to plaintiff – whether benefits produced by alleged scheme fall within the s 9 definition of 'managed investment scheme' – effect of instrument of exemption given by Australian Securities and Investments Commission in connection with alleged scheme
Legislation: Corporations Act 2001 (Cth) ss 9, 564, 596A, 596B, 601EA, 601EB, 601ED, 601FA, 601FB, 601FC, 601GA, 601GB, 601HA, 601QA Federal Court Rules (Cth) O 29
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