NSW Caselaw
Reported Decision : 56 ACSR 449
New South Wales Supreme Court
CITATION : ASIC v Tasman Investment Management Ltd [2005] NSWSC 1332
HEARING DATE(S) : 12/12/05
JUDGMENT DATE : 16 December 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Direction given to receiver
CATCHWORDS : CORPORATIONS - unregistered managed investment scheme - order under s.601EE(2) for winding up and appointment of receiver - subsequent application by receiver for directions - need to proceed by analogy with other winding up regimes - relevance of status of receiver as officer of court
LEGISLATION CITED : Corporations Act 2001 (Cth), ss.601ED(5), 601EE(2)
Australian Securities and Investments Commission v Commercial Nominees Ltd (2002) 42 ACSR 240 Australian Securities and Investments Commission v Tasman Investment Management Ltd (2004) 50 ACSR 153 CASES CITED : Mier v F N Management Pty Ltd [2005] QCA 408 Re Stacks Managed Investments Ltd (2005) 54 ACSR 466
Australian Securities and Investments Commission - Plaintiff Tasman Investment Management Limited - First Defendant Longevity Management Systems Pty Ltd - Second Defendant PARTIES : QV Mortgage Pty Ltd - Third Defendant Queen Victoria Project Management Company Pty Ltd - Fourth Defendant Colin Warne - Fifth Defendant
FILE NUMBER(S) : SC 1826/04
COUNSEL : Mr S.M. Golledge - Receiver
SOLICITORS : Henry Davis York - Receiver
LOWER COURT JURISDICTION :
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CORPORATIONS LIST
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