In the matter of Hotel Property Investments Ltd in its own capacity and in its capacity as trustee of the Hotel Property Investments Trust [2024] NSWSC 1385

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Hotel Property Investments Ltd in its own capacity and in its capacity as trustee of the Hotel Property Investments Trust [2024] NSWSC 1385 Hearing dates: 30 October 2024 Date of orders: 30 October 2024 Decision date: 31 October 2024 Jurisdiction: Equity - Corporations List Before: Black J Decision: Declaration made as to compliance with s 630 of the Corporations Act 2001 (Cth). Catchwords: CORPORATIONS – takeover offers – whether contravention of s 630 of the Corporations Act 2001 (Cth) – where any contravention was inadvertent - where persons concerned acted without improper intent – whether an order should be made under s 1325A of the Corporations Act 2001 (Cth). Legislation Cited: - Acts Interpretation Act 1901 (Cth), s 2B - Corporations Act 2001 (Cth), ss 6, 105, 630, 650C-650D, 655A, 659B, 1322, 1325A, 1325D - Interpretation Act 1897 (NSW), s 35 Mining Act 1906 (NSW) Cases Cited: - Associated Dominions Assurance Society Pty Ltd v Balmford (1950) 81 CLR 161 - Australian Securities Commission v Bank Leumi Le-Israel (1995) 134 ALR 101; 18 ACSR 639, on appeal (1996) 69 FCR 531; 139 ALR 527; 21 ACSR 474 - Australian Securities and Investments Commission v Yandal Gold Pty Ltd (1999) 32 ACSR 317; [1999] FCA 799; BC9903166, aff'd (2002) 41 ACSR 325; [1999] FCA 799 - Forster v Jododex (1972) 127 CLR 421; [1972] HCA 61 - Goodlen Pty Ltd v BP Australia Pty Ltd (2004) 183 FLR 323; [2004] NSWSC 646 - National Australia Bank Ltd v Meyers [2008] NSWSC 247 - Re Sandon Capital Investments Ltd [2019] NSWSC 1512 - Re Strike West Holdings Pty Ltd [2023] FCA 15 - Re Venturex Resources Ltd (2009) 177 FCR 391; 72 ACSR 358; [2009] FCA 677 Category: Principal judgment Parties: Charter Hall Wholesale Management Ltd in its capacity as trustee of the CH Investment Trust and the CH Investment Co Trust (Plaintiff) Hotel Property Investments Ltd in its own capacity and in its capacity as trustee of the Hotel Property Investments Trust (Defendant) Representation: Counsel: Mr PM Wood (Plaintiff)