In the matter of The Trust Company (RE Services) Limited as responsible entity of the VitalHarvest Freehold Trust (No 4) [2021] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: In the matter of The Trust Company (RE Services) Limited as responsible entity of the VitalHarvest Freehold Trust (No 4) [2021] NSWSC 838 Hearing dates: 1 July 2021 Date of orders: 1 July 2021 Decision date: 09 July 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Plaintiff would be justified in giving effect to and implementing trust scheme proposal and giving effect to consequential constitutional amendments. Catchwords: 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 – Whether scheme is fair and reasonable so that an intelligent and honest person who was a unitholder, properly informed and acting alone, might approve it. Legislation Cited: - Trustee Act 1925 (NSW), s 63 Cases Cited: - Re Commonwealth Managed Investments Ltd [2014] NSWSC 244 - Re Cromwell Property Securities Ltd [2006] NSWSC 1449 - Re Homemaker Retail Management Ltd (2001) 40 ACSR 116; [2001] NSWSC 1058 - Re Macquarie Goodman Funds Management Ltd (2004) 52 ACSR 194; [2004] NSWSC 1197 - Re Mirvac Limited (1999) 32 ACSR 107; [1999] NSWSC 457 - Re The Trust Company (RE Services) Limited as responsible entity of the VitalHarvest Freehold Trust [2021] NSWSC 108 - Re The Trust Company (RE Services) Limited as responsible entity of the VitalHarvest Freehold Trust (No 2) [2021] NSWSC 397 - Re The Trust Company (RE Services) Limited as responsible entity of the VitalHarvest Freehold Trust (No 3) [2021] NSWSC 479 - Re Walsh & Company Investments Limited as responsible entity of Fort Street Real Estate Capital Fund I, Fort Street Real Estate Capital Fund II, Fort Street Real Estate Capital Fund III and Fort Street Real Estate Capital Fund IV [2020] NSWSC 1746 Category: Principal judgment Parties: The Trust Company (Re Services) Limited as Responsible Entity of the VitalHarvest Freehold Trust (Plaintiff) Representation: Counsel: J Williams (Plaintiff) M Izzo SC (Acquirer)