Australand Holdings Limited, Australand Property Limited, Australand Wholesale Investments Limited, Australand Wholesale Investments Limited [2005] NSWSC 835

Reported Decision : 54 ACSR 687

New South Wales Supreme Court

Australand Holdings Limited, Australand Property Limited, Australand Wholesale Investments Limited, Australand Wholesale Investments Limited [2005] NSWSC 835 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 18/08/05

JUDGMENT DATE : 18 August 2005

Equity Division JURISDICTION : Corporations List

JUDGMENT OF : Barrett J

DECISION : Orders for convening of meeting of members of company to consider scheme of arrangement. Orders that responsible entities of managed investment schemes justified in convening meetings of members of schemes

CATCHWORDS : CORPORATIONS - managed investment schemes - merger proposal involving stapling of units of two managed investment schemes to existing stapled securities each consisting of a share in a company and a unit of a managed investment scheme - applications for judicial advice by responsible entities of the three managed investment schemes and for convening of scheme meeting of members of company - exporpriation of all existing units in both of the managed investment schemes to be added - applicability of Gambotto principles - contracts to give effect to arrangement - same company as responsible entity of the two managed investment schemes to be added - whether it may contract with itself in different capacities - voting rights of holders of interests in managed investment scheme - whether such interests "quoted" as referred to in s.253F(a) when stapled securities of which they form part are quoted on financial market

Corporations Act 2001 (Cth), ss.9, 253F, 411(1) LEGISLATION CITED : Trustee Act 1925, s.63