Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Wellington Capital Limited [2012] FCA 1140 Citation: Australian Securities and Investments Commission v Wellington Capital Limited [2012] FCA 1140
Parties: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v WELLINGTON CAPITAL LIMITED ACN 114 248 458, ASSET RESOLUTION LIMITED ACN 159 827 871, PERPETUAL NOMINEES LIMITED ACN 000 733 700, CHARLES HODGES AS REPRESENTATIVE OF ALL PERSONS WHO WERE UNIT HOLDERS IN THE PREMIUM INCOME FUND (FUND) AS AT 4 SEPTEMBER 2012 AND BECAME SHAREHOLDERS OF ASSET RESOLUTION LIMITED (ARL) AFTER 4 SEPTEMBER 2012, ALL PERSONS WHO WERE UNIT HOLDERS IN THE FUND AS AT 4 SEPTEMBER 2012 AND SOLD SHARES IN ARL AFTER THAT DATE AND ALL PERSONS WHO BOUGHT SHARES IN ARL AFTER 4 SEPTEMBER 2012 and IOOF INVESTMENT MANAGEMENT LTD ACN 006 695 021 AS REPRESENTATIVE OF THE PERSONS WHO WERE UNIT HOLDERS IN THE PREMIUM INCOME FUND AS AT 4 SEPTEMBER 2012 AND HAVE, SINCE THAT DATE, SOLD UNITS IN THE PREMIUM INCOME FUND
File number: NSD 1551 of 2012
Judge: JAGOT J
Date of judgment: 17 October 2012
Legislation: Corporations Act 2001 (Cth) Trusts Act 1973 (Qld)
Cases cited: Canson Enterprises Ltd v Boughton & Co [1991] 3 SCR 534 Re Crusader Limited (1996) 1 Qd R 117 Re Etrade Australia Ltd (1999) 30 ACSR 516 Re Hunter Resources Limited (1992) 34 FCR 418 Lion Nathan Australia Pty Ltd v Coopers Brewery Ltd (2006) 156 FCR 1; [2006] FCAFC 144 Target Holdings Ltd v Redferns [1996] AC 421
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