In the matter of E&P Investments Limited as responsible entity of the US Masters Residential Property Fund [2022] NSWSC 1781

Supreme Court New South Wales

Medium Neutral Citation: In the matter of E&P Investments Limited as responsible entity of the US Masters Residential Property Fund [2022] NSWSC 1781 Hearing dates: 21 December 2022 Date of orders: 21 December 2022 Decision date: 21 December 2022 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders confirming service by way of substituted service made in respect of several defendants; declare that unitholders meeting was not validly called; order that First Defendant pay costs of the proceedings Catchwords: PROCEDURE – Whether confirmation of substituted service of proceedings interstate available is subject to the requirements of the Service and Execution of Process Act 1992 (Cth) MEETINGS – Whether Defendants held 5% of votes carried by units at time of calling general meeting of unitholders COSTS — Whether order for costs should be made against one or all Defendants Legislation Cited: - Corporations Act 2001 (Cth), ss 9, 252D, 601FM - Service and Execution of Process Act 1992 (Cth) Cases Cited: - Commonwealth of Australia v Gretton [2008] NSWCA 117 - Energy Conservation System Pty Ltd v Downer EDI Engineering Electrical Pty Ltd [2008] NSWSC 1139 - Heath v Greenacre Business Park Pty Ltd [2016] NSWCA 34 - Re 8D Pty Ltd [2013] NSWSC 1297 - Re Cummins Equipment Hire Pty Ltd [2015] NSWSC 2085 - Rivkin Financial Services Ltd v Sofcom Ltd (2004) 51 ACSR 486; 23 ACLC 42; [2004] FCA 1538 - Zervas v Burkitt [2019] NSWCA 112 Category: Principal judgment Parties: E&P Investments Limited (Plaintiff) Keybridge Capital Limited and Others (Defendants) Representation: Counsel: R Newlinds SC/H Atkin (Plaintiff) F Assaf SC/J R Anderson/W Hall (First Defendant)