In the matter of WOTSO Limited; In the matter of Blackwall Fund Services Limited as responsible entity of Blackwall Property Trust [2021] NSWSC 100

Supreme Court New South Wales

Medium Neutral Citation: In the matter of WOTSO Limited; In the matter of Blackwall Fund Services Limited as responsible entity of Blackwall Property Trust [2021] NSWSC 100 Hearing dates: 5 February 2021 Date of orders: 5 February 2021 Decision date: 17 February 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Plaintiffs would be justified in giving effect to and implementing proposals and giving effect to consequential constitutional amendments. Catchwords: CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders approving scheme of arrangement – Where formal requirements satisfied – Whether scheme of arrangement should be approved. CORPORATIONS – Arrangements and reconstructions – Application under s 63 of the Trustee Act 1925 (NSW) for judicial advice with respect to the implementation of trust scheme Legislation Cited: - Corporations Act 2001 (Cth), s 601GC - Trustee Act 1925 (NSW), s 63 Cases Cited: - Re Amcor Limited (No 2) [2019] FCA 842 - Re Atlas Iron Ltd (No 2) [2016] FCA 481 - Re Aveo Group Ltd [2019] NSWSC 1679 - Re Central Pacific Minerals NL [2002] FCA 239 - Re Commonwealth Managed Investments Ltd [2014] NSWSC 244 - Re Cromwell Property Securities Ltd [2006] NSWSC 1449 - Re GBST Holdings Ltd [2019] NSWSC 1503 - Re Healthscope Limited (No 2) [2019] FCA 759 - Re Homemaker Retail Management Ltd (2001) 40 ACSR 116 - Re Macquarie Goodman Funds Management Ltd (2004) 52 ACSR 194; [2004] NSWSC 1197 - Re Mirvac Limited (1999) 32 ACSR 107; [1999] NSWSC 457 - Re Magellan Asset Management Limited as responsible entity of Magellan Global Fund [2020] NSWSC 1535 - Re NRMA Ltd (No 2) (2000) 156 FLR 412; [2000] NSWSC 408 - Re Permanent Trustee Co Limited (2002) 43 ACSR 601; [2002] NSWSC 1177 - Re Redcape Property Fund Ltd and Trust Company (RE Services) Ltd (as the responsible entity for the Redcape Property Trust) [2012] NSWSC 486 - Re Seven Network Ltd (2010) 267 ALR 583; 77 ACSR 701; [2010] FCA 400 - Re United Medical Protection Ltd [2007] FCA 631 Category: Principal judgment Parties: Proceedings 2020/349090 WOTSO Limited (Plaintiff)